Opinion
21-cv-01722 (ECT/JFD)
12-03-2021
Michael John Husten, Petitioner, v. Paul Schnell, Commissioner - Minnesota Department of Corrections, and Roy Bosch, Warden - Stillwater State Prison, Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud, United States District Court.
Magistrate Judge John F. Docherty issued a Report and Recommendation on November 3, 2021. ECF No. 19. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 19] is ACCEPTED;
2. The Petition for Habeas Corpus Order, for a Compassionate-Release from Incarceration [ECF No. 1] is DENIED;
3. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; and
4. No certificate of appealability is issued.
LET JUDGMENT BE ENTERED ACCORDINGLY.