Saenz v. Warden

Full title: Zosimo Reyes Saenz, Petitioner, v. Warden, FMC Rochester, Respondent

Court: United States District Court, D. Minnesota

Date published: Oct 4, 2006

Civil No. 06-3451 (DWF/RLE) (D. Minn. Oct. 4, 2006)

Opinion

Civil No. 06-3451 (DWF/RLE).

October 4, 2006

Zosimo Reyes Saenz, Pro Se, Petitioner.

James E. Lackner, First Assistant United States Attorney, United States Attorney's Office, counsel for Respondent.

ORDER ADOPTING THE REPORT AND RECOMMENDATION

DONOVAN FRANK, District Judge

This matter is before the Court upon Petitioner Zosimo Reyes Saenz's ("Petitioner's) objections to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated August 28, 2006, recommending that Petitioner's Petition for a Write of Habeas Corpus be summarily dismissed for lack of jurisdiction.

The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Petitioner's objections.

Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

ORDER

1. Petitioner Zosimo Reyes Saenz's objections (Doc. Nos. 6 and 7) to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated August 28, 2006, are DENIED.

2. Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated August 28, 2006 (Doc. No. 2), is ADOPTED.

3. Petitioner Zosimo Reyes Saenz's Petition for a Writ of Habeas Corpus (Doc. No. 1) is summarily DISMISSED for lack of jurisdiction.

LET JUDGMENT BE ENTERED ACCORDINGLY.