GOGGLEYE v. MINNESOTA

Case No. 16-cv-2739 (JNE/TNL).

KELLY BRUCE GOGGLEYE, SR., Petitioner, v. STATE OF MINNESOTA, Respondent.

United States District Court, D. Minnesota.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Kelly Bruce Goggleye, Sr., Petitioner, Pro Se.

Minnesota, State of, Respondent, represented by Jonathan D. Holets , St. Louis County Attorney's Office.


ORDER

JOAN N. ERICKSEN, District Judge.

Pursuant to 18 U.S.C. § 2254, pro se Petitioner Kelly Bruce Goggleye Sr. filed a petition for writ of habeas corpus challenging his October 24, 2014, conviction for first-degree criminal sexual conduct under Minnesota law. The federal magistrate judge ordered Respondent the State of Minnesota1 to file an answer within 30 days of August 17, 2016. Dkt. No. 3. Respondent filed an answer on September 15, 2016, attaching several documents from the underlying criminal case and related proceedings. Dkt. No. 5. Respondent's attachments included copies of excerpts from transcripts of Petitioner's trial in state court and identified additional transcripts that would be available for review. See R. Gov'g § 2254 Cases 5(c)-(d). The matter was referred to the Honorable Tony N. Leung, United States Magistrate Judge, who issued a Report and Recommendation dated May 31, 2017, recommending the denial of the petition, its dismissal with prejudice, and a denial of a certificate of appealability.

After receiving a copy of the Report and Recommendation, Petitioner filed a letter on June 14, 2017, objecting on the following grounds: "Respondent failed to comply with [] court order dated August 17th, 2016, Document #3 . . . . I ask for dismissal of all charges and immediate release." Dkt. No. 8. The Court has reviewed the record de novo. See D. Minn. L.R. 72.2(b)(3).

Petitioner's sole objection that Respondent did not comply with the August 17, 2016, order at Docket No. 3 is belied by the record. Respondent timely filed its answer. Respondent also filed a certificate of service indicating that a copy of its answer was mailed to Petitioner at an address that matches the return address he has listed in his correspondence in this action. Petitioner identified no other objections to the Report and Recommendation.

The Court accepts the recommendations and reasoning of the Report and Recommendation.

Based on the files, records, and proceedings herein, and for the reasons stated above, IT IS ORDERED THAT:

1. Petitioner Kelly Bruce Goggleye Sr.'s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [Dkt. No. 1] is DENIED. 2. This action is DISMISSED WITH PREJUDICE. 3. A Certificate of Appealability is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FootNotes


1. Petitioner failed to properly "name as respondent the state officer who has custody." R. Gov'g § 2254 Cases 2(a).

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases