0:25-cv-04342•Bewaji v. Falgreen
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA OIabamidele Olumide Bewaji, Petitioner, v. Jed Falgreen, Respondent. Case No. 25-cv-4342 (JWB/DTS) REPORT AND RECOMMENDATION This matter is before the Court on Petitioner Olabamidele Olumide Bewaji’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, Dkt No. 8 (Petition).1 For the following reasons, the Court recommends dismissing the action. In March 2023, a jury in Minnesota’s Blue Earth County convicted Bewaji of two counts of third-degree criminal sexual conduct and one count of fourth-degree criminal sexual conduct. See Verdict 1–3, State v. Bewaji, Nos. 07-cr-21-0738 and 07-cr-21-0800 (Minn. Dist. Ct. Mar. 30, 2023).2 In June 2023, the trial court sentenced Bewaji to 76 1 Bewaji began this action on November 14, 2025. See Docket. This Court later ordered Bewaji to submit an amended petition that named a proper respondent and used the standard form for § 2254 petitions. See Order, Dkt No. 4 (December 2025 Order). Bewaji then submitted several filings, but none were proper § 2254 petitions. On January 7, 2026, Bewaji filed the Petition, which the Clerk of Court used to open a new matter, No. 26-cv- 0089. On January 16, 2026, U.S. District Judge Nancy E. Brasel noted that the Petition appeared intended to comply with this Court’s order. See Order 1–2, Bewaji v. Falgreen, No. 26-cv-0089 (D. Minn. Jan. 16, 2026). She then administratively terminated the new case and transferred the Petition to this matter. 2 The Court may take judicial notice of public state-court records. See, e.g., Stutzka v. McCarville, 420 F.3d 757, 760 n.2 (8th Cir. 2005) (citing United States v. Eagleboy, 200 F.3d 1137, 1140 (8th Cir. 1999)). CASE 0:25-cv-04342-JWB-DTS Doc. 9 Filed 01/21/26 Page 1 of 5
2 months’ imprisonment, 38 months’ supervised release, and a “lifetime conditional release period.” Order and Warrant of Commitment 2, State v. Bewaji, No. 07-cr-21-800 (Minn. Dist. Ct. June 21, 2023) (summarizing combined sentence from both of Bewaji’s cases). Bewaji is currently serving this sentence at the Minnesota Correctional Facility in Faribault, Minnesota (MCF–Faribault). See Docket. The Petition challenges Bewaji’s convictions in both state-court matters underlying his current imprisonment. See Pet. 1. The Petition raises one ground, which concerns Jed Falgreen’s statements during victim-impact proceedings before sentencing. See id. at 6.3 Bewaji asserts that Falgreen told the court that Bewaji should have been barred from working in care facilities because he was fired from a Mankato senior-care facility after allegedly “attempting to entrap and assault a seventeen-year-old co-worker in the stairwell in 2020.” Id. at 6. Bewaji characterizes this statement as “uncalled for, baseless,” “illogical,” prejudicial, and motivated by hatred. Id. Construing the pro se Petition liberally, the Court construes Bewaji as raising a Fourteenth Amendment due-process challenge— specifically, that the sentencing court relied on materially false, inflammatory, and unrelated allegations, resulting in an unconstitutional sentencing proceeding and unlawful custody. 3 As the Court understands it, Falgreen is related to one of the victims of the crimes for which Bewaji was convicted. As the Court has already explained to Bewaji, see Dec. 2025 Order 2, Falgreen is not a proper respondent in this Petition. Under 28 U.S.C. § 2254, the proper respondent in a habeas action is the state officer who has current physical custody of the petitioner. See, e.g., 28 U.S.C. § 2242; Rumsfeld v. Padilla, 542 U.S. 426, 434–35 (2004). Because Be- waji is currently incarcerated at the MCF–Faribault, he should have named that facility’s warden as the respondent here. CASE 0:25-cv-04342-JWB-DTS Doc. 9 Filed 01/21/26 Page 2 of 5
3 A court can grant a writ of habeas corpus under § 2254 only if “the applicant has exhausted the remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A). This “exhaustion” requirement rests on principles of comity and federalism. These principles ensure state courts have a “full and fair opportunity to resolve federal constitutional claims before those claims are presented to the federal courts.” O’Sullivan v. Boerckel, 526 U.S. 838, 845 (1999); see also, e.g., Brende v. Young, 907 F.3d 1080, 1084 (8th Cir. 2018) (citing O’Sullivan). To provide that opportunity, a prisoner must “fairly present” each federal claim to every appropriate state court, including the state’s highest court if it offers discretionary review. Baldwin v. Reese, 541 U.S. 27, 29 (2004) (quoting Duncan v. Henry, 513 U.S. 364, 365 (1995) (per curiam)); see also, e.g., Deck v. Jennings, 978 F.3d 578, 581 (8th Cir. 2020) (making similar point (quoting Morris v. Norris, 83 F.3d 268, 270 (8th Cir. 1996)). In Minnesota, a § 2254 applicant must fairly present each claim to the Minnesota Supreme Court before seeking federal relief. See, e.g., Turnage v. Fabian, 606 F.3d 933, 936 (8th Cir. 2010); Bell v. Stenseth, No. 23-cv-3881, 2024 WL 4839826, at *4 (D. Minn. July 29, 2024) (citing Fraction v. Minnesota, 678 F. Supp. 2d 908, 916 (D. Minn. 2008)), report and recommendation adopted, 2024 WL 4839157 (D. Minn. Nov. 20, 2024). The question, then, is whether Bewaji “fairly presented” his due-process claim to Minnesota’s state courts. The Petition suggests he did not; Bewaji admits he did not raise this issue on direct appeal, stating he “was waiting for the outcome of the appeal judgment before [raising] it.” Pet. 7. Available records confirm this. Bewaji appealed to the Minnesota Court of Appeals, which affirmed his conviction and sentence. The Minnesota Supreme Court then denied his petition for further review. See State v. Bewaji, No. A23- CASE 0:25-cv-04342-JWB-DTS Doc. 9 Filed 01/21/26 Page 3 of 5
4 1398, 2024 WL 4260272, at *1 (Minn. Ct. App. Sept. 23, 2024), review denied (Minn. Dec. 17, 2024), cert. denied, No. 24-7420, 2025 WL 2824015 (U.S. Oct. 6, 2025). The Court of Appeals’s decision does not indicate that Bewaji raised any due-process argument regarding Falgreen’s statements. Bewaji’s Petition concedes that he failed to exhaust state-court remedies for the Petition’s sole ground. The Court therefore recommends denying the Petition and dismissing this action. Two points remain: First, given this Court’s dismissal recommendation, the Court also recommends denying Bewaji’s Application to Proceed In Forma Pauperis, Dkt. No. 3, as moot. Second, a § 2254 petitioner cannot appeal an adverse ruling without a certificate of appealability (COA). See 28 U.S.C. § 2253(c)(1); Fed. R. App. P. 22(b)(1). A court may issue a COA only if a petitioner “has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When a petition is dismissed on procedural grounds, a COA is warranted only if “jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court finds it unlikely that any court would reach a different conclusion here. Accordingly, the Court recommends denying a COA. RECOMMENDATION Based on the foregoing, and on all of the files, records and proceedings herein, THE COURT HEREBY RECOMMENDS: 1. Petitioner Olabamidele Olumide Bewaji’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, Dkt. No. 8, be DENIED. CASE 0:25-cv-04342-JWB-DTS Doc. 9 Filed 01/21/26 Page 4 of 5
5 2. Bewaji’s Application to Proceed In Forma Pauperis, Dkt. No. 3, be DENIED as moot. 3. This action be DISMISSED. 4. No certificate of appealability be issued. Date: January 21, 2026 s/ David T. Schultz DAVID T. SCHULTZ United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:25-cv-04342-JWB-DTS Doc. 9 Filed 01/21/26 Page 5 of 5
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