Giovanni German Vasquez Rosales v. Tracy Beltz, Warden

Summary

The United States District Court for the District of Minnesota adopted a magistrate judge’s Report and Recommendation recommending dismissal of Giovanni German Vasquez Rosales’s habeas corpus petition. The petition was dismissed without prejudice, and the court declined to issue a certificate of appealability.

Holdings

1. When no timely objections are filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error; finding no clear error, the court adopted the R&R.
2. The petition for a writ of habeas corpus was dismissed without prejudice.
3. No certificate of appealability will issue.

Questions Presented

1. Whether the magistrate judge's Report and Recommendation should be adopted when no objections were filed.
2. Whether the habeas petition should be dismissed without prejudice.
3. Whether a certificate of appealability should issue.

Disposition

dismissed