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LONERGAN v. FABIAN

Civil No. 10-4188 (JRT/LIB).

PETER GERARD LONERGAN, Petitioner, v. JOAN FABIAN, Commissioner, Respondent.

United States District Court, D. Minnesota.

December 30, 2011.

Attorney(s) appearing for the Case

Peter Gerard Lonergan , 134611, 1111 Highway 73, Moose Lake, MN 55767, petitioner pro se.

Krista Jean Guinn Frank and Brent D. Wartner , MINNESOTA DEPARTMENT OF CORRECTIONS, 1450 Energy Park Drive, Suite 200, St. Paul, MN 55108; and Matthew Frank , Assistant Attorney General, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1800, St. Paul, MN 55101, for respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

JOHN R. TUNHEIM, District Judge.

Peter Gerard Lonergan, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. In a Report and Recommendation dated October 14, 2011, United States Magistrate Judge Leo I. Brisbois recommended that the Court deny Lonergan's petition because Lonergan failed to demonstrate that the state court's interpretation of a state statute...

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