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DELK v. SMITH

Civil File No: 13-cv-89 (JRT/SER).

Antonio Delk, Petitioner, v. Warden Michelle Smith, Respondent.

United States District Court, D. Minnesota.

January 27, 2014.

Attorney(s) appearing for the Case

Antonio Delk, Pro Se, No. 223282, MCF-Stillwater, 970 Pickett Street North, Bayport, Minnesota 55003.

Michael J. Lieberg, Esq. , Stearns County Attorney's Office, 705 Courthouse Square, Room 448, St. Cloud, Minnesota 56303, for Respondent.

Jennifer R. Coates and Matthew Frank, Esqs. , Minnesota Attorney General's Office, 445 Minnesota Street, Suite 1800, St. Paul, Minnesota 55101, for Respondent.

REPORT AND RECOMMENDATION

STEVEN E. RAU, Magistrate Judge.

The above-captioned case comes before the undersigned on Petitioner Antonio Delk's ("Delk") Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody ("Habeas Petition") [Doc. No. 1]. Following remand from the Minnesota Court of Appeals, Delk was convicted of second-degree unintentional murder and received a 240-month sentence, which he is currently serving.

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