Harrison v. Fluke et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
ANTHONY ROY HARRISION,
Petitioner,
vs.
BRENT FLUKE, Warden of the Mike
Durfee State Prison,
Respondent.
CIV. 21-5041-JLV
ORDER
Petitioner Anthony Roy Harrison, an inmate at the Mike Durfee State
Prison in Springfield, South Dakota, appearing pro se, filed a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. (Docket 1). Respondent filed a
motion to dismiss the petition. (Docket 10). Pursuant to a standing order of
April 1, 2018, the matter was referred to United States Magistrate Judge Daneta
Wollmann pursuant to 28 U.S.C. § 636(b)(l)(B). The magistrate judge issued a
report recommending the court grant the respondent's motion and dismiss Mr.
Harrison's petition with prejudice. (Docket 15 at p. 10). No objections were
filed to the report and recommendation ("RfisR") and the time for doing so has
expired.1 The court reviewed the report and recommendation and finds it is an
appropriate resolution of the matters before the court. Accordingly, it is
ORDERED that the report and recommendation (Docket 15) is adopted.
lMr. Harrison continues to file legal memoranda and objections to the
respondent's motion. See Dockets 6, 16, 17 & 19. These submissions
advocate the same arguments presented to the magistrate judge and do not
address the R&R or constitute objections to the R8sR. See 28 U.S.C. § 636(b)(l).
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IT IS FURTHER ORDERED that the respondent's motion to substitute
party and remove the Attorney General of the State of South Dakota (Docket 8) is
granted.
IT IS FURTHER ORDERED that the respondent's motion (Docket 10) is
granted.
IT IS FURTHER ORDERED that Mr. Harrison's petition (Docket 1) is
dismissed with prejudice.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2253(c) and Rule
11 of the Rules Governing Section 2254 Cases in the United States District
Courts, the court declines to issue a certificate of appealability. Although the
court declines to issue a certificate of appealability, Mr. Harrison may timely seek
a certificate of appealability from the United States Court of Appeals for the
Eighth Circuit under Fed. R. App.P.22. See Rule 11 (a) of the Rules Governing
Section 2254 Cases in the United States District Courts and Fed. R. App. P. 22.
Dated March 31, 2022.
BY THE COURT:
il^
JEFIS^Y L^fKEN
UNITEt) STATES DISTRICT JUDGE
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