Mendoza v. Fisher

Full title: Don Mendoza, Petitioner, v. Scott Fisher, Respondent

Court: United States District Court, D. Minnesota

Date published: Jul 14, 2010

Civil No. 10-2211 (RHK/JSM) (D. Minn. Jul. 14, 2010)

Opinion

Civil No. 10-2211 (RHK/JSM).

July 14, 2010

ORDER

RICHARD KYLE, District Judge

Petitioner has filed an Objection to Magistrate Judge Janie S. Mayeron's recommended summary dismissal of his application for habeas corpus relief under 28 U.S.C. § 2241. The undersigned has reviewed de novo the Report and Recommendation as well as Petitioner's Objection thereto.

For the reasons set forth in the Report and Recommendation, and upon all the files, records and proceedings herein, IT IS ORDERED:

1. Petitioner's Objection (Doc. No. 4) is OVERRULED;

2. The Report and Recommendation (Doc. No. 3) is ADOPTED;

3. Ground One of Petitioner's application for a writ of habeas corpus (Doc. No. 1) is DENIED WITH PREJUDICE;

4. Ground Two of Petitioner's application for a writ of habeas corpus (Doc. No. 1) is DENIED FOR LACK OF JURISDICTION; and

5. This action is SUMMARILY DISMISSED.

LET JUDGMENT BE ENTERED ACCORDINGLY.