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Johnson v. Young

United States District Court, D. South Dakota, Southern Division

March 24, 2014

FRED JOHNSON, Petitioner,
v.
DARIN YOUNG, Warden; and MARTY JACKLEY, Attorney General of the State of South Dakota, Respondents.

ORDER

LAWRENCE L. PIERSOL, District Judge.

Petitioner Fred Johnson, an inmate at the South Dakota State Penitentiary, has applied for a Writ of Habeas Corpus pursuant to 28 U.S.c. ยง 2254. The Magistrate Judge issued a Report and Recommendation recommending that the Petition be dismissed with prejudice. The Petitioner has filed Objections to the Report and Recommendation.

After conducting an independent review of the record, the Court agrees with the Magistrate Judge. Accordingly,

IT IS ORDERED:

1. That the Petitioner's Objections (Doc. 21) are DENIED, and the Magistrate Judge's Report and Recommendation (Doc. 20) is ADOPTED.
2. That Respondents' request to dismiss the Petition (Doc. 13) is GRANTED.
3. That Petitioner's Application for Writ of Habeas Corpus (Doc. 1) is DISMISSED with prejudice.
4. That a Certificate of Appealability shan not issue except as to Claim One regarding double jeopardy, a Certificate of Appealability shall issue for the reasons stated in Justice Sabers in his dissent on that issue in State v. Johnson, 739 N.W.2d 1, 13-14 (S.D. 2007).

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