Opinion
Civil No. 20-1781 (JRT/KMM)
02-25-2021
RAFAEL ANTONIO GARAVITO-GARCIA, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Rafael Antonio Garavito-Garcia, Reg No. 71263-054, FMC-Rochester, P.O. Box 4000, Rochester, MN 55903, pro se petitioner. Ana H Voss, Ann Bildtsen, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South 4th Street, Suite 600, Minneapolis, MN 55415, for respondent.
ORDER ON REPORT AND RECOMMENDATION
Rafael Antonio Garavito-Garcia, Reg No. 71263-054, FMC-Rochester, P.O. Box 4000, Rochester, MN 55903, pro se petitioner. Ana H Voss, Ann Bildtsen, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South 4th Street, Suite 600, Minneapolis, MN 55415, for respondent.
United States Magistrate Judge Katherine Menendez filed a Report and Recommendation on February 1, 2021. (ECF No. 6) No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that
1. The Petition is DENIED without prejudice as to Grounds Two through Four.
2. The Petition is TRANSFERRED to the U.S. District Court for the Southern District of New York for the limited purpose of addressing Ground One.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 25, 2021
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court