U.S. District Court, District of Minnesota, 2023

Dixon v. Department of Corrections

Dixon v. Department of Corrections
U.S. District Court, District of Minnesota · Decided December 15, 2023

Dixon v. Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Nikita Dixon, File No. 23-cv-3312 (ECT/DTS) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Department of Corrections, Commissioner Paul Schnell, Warden Tracy Beltz, Respondents. ________________________________________________________________________ Magistrate Judge David T. Schultz issued a Report and Recommendation on November 16, 2023. ECF No. 7. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 7] is ACCEPTED; 2. Petitioner Nikita Dixon’s Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as untimely; and 3. No certificate of appealability will be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 15, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Nikita Dixon, File No. 23-cv-3312 (ECT/DTS) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Department of Corrections, Commissioner Paul Schnell, Warden Tracy Beltz, Respondents. ________________________________________________________________________ Magistrate Judge David T. Schultz issued a Report and Recommendation on November 16, 2023. ECF No. 7. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 7] is ACCEPTED; 2. Petitioner Nikita Dixon’s Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as untimely; and 3. No certificate of appealability will be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 15, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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