Foster v. Fabian
| Roger Joseph Foster |
| Joan Fabian |
| 0:2007cv04317 |
| October 22, 2007 |
| US District Court for the District of Minnesota |
| DMN Office |
| Washington |
| Jeanne J. Graham |
| John R. Tunheim |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
45
ORDER adopting Magistrate Judge's 42 Report and Recommendation. (1) Foster's Petition for Writ of Habeas Corpus [Docket No. 1] and First Amended Petition for Writ of Habeas Corpus [Docket No. 25] are denied as to the remain ing Grounds 2, 9, and 10; (2) denying as moot petitioner's 28 Motion for Accelerated Review and Summary Judgment; (3) granting 18 Respondent Joan Fabian's Motion to Dismiss; (4) Case is dismissed with prejudice. (5) For the purpose of appeal, the Court does not grant a Certificate of Appealability (Written Opinion). Signed by Judge John R. Tunheim on September 29, 2009. (DML)
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Filing
42
REPORT AND RECOMMENDATION to deny as moot 28 MOTION for accelerated review and summary judgment, filed by Roger Joseph Foster, to deny 25 Petition for Writ of Habeas Corpus filed by Roger Joseph Foster, and that this case be dismissed with prejudice. Objections to R&R due by 7/20/2009. Signed by Magistrate Judge Jeanne J. Graham on 7/6/09. (kt)
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Filing
40
ORDER adopting Magistrate Judge's 37 Report and Recommendation; granting in part and denying in part respondent's 18 Motion to Dismiss. Petition for Writ of Habeas Corpus 1 and First Amended Peti tion for Writ of Habeas Corpus 25 are dimissed with prejudice as to Grounds 1, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, and 15; respondent's motion is denied in all other respects. Clerk is directed to send copy of order to petitioner's state trial counsel, Todd Deal. (Written Opinion). Signed by Judge John R. Tunheim on March 31, 2009. (dml)
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Filing
37
REPORT AND RECOMMENDATION re 18 A Fabian's motion to dismiss be granted in part and denied in part as set forth in the body of this Report and Recommendation; B. Fabian file a memorandum of law addressing the merits of the remaining issues in the case no later than 21 days after the District Courts adoption of this Report and Recommendation; C. Foster's trial counsel, Todd Deal, be invited to submit an affidavit responding to Foster's remaining ineffective assistance of counsel claim. Objections to R&R due by 2/12/2009. Signed by Magistrate Judge Jeanne J. Graham on 1/28/09. (VEM)
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| Petitioner: Roger Joseph Foster | |
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| Respondent: Joan Fabian | |
| Represented By: | Peter R Marker |
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