Scheper v. Rios

Full title: DAVID EUGENE SCHEPER, Petitioner, v. Warden M. Rios, Respondent.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jul 20, 2020

Case No. 19-402 (MJD/ECW) (D. Minn. Jul. 20, 2020)

Opinion

Case No. 19-402 (MJD/ECW)

07-20-2020

DAVID EUGENE SCHEPER, Petitioner, v. Warden M. Rios, Respondent.

David Eugene Scheper, pro se. Ana H. Voss, Ann M. Bildtsen, and Erin M. Secord, Assistant United States Attorneys, Counsel for Respondent.

Michael J. Davis United States District Court

MEMORANDUM OF LAW & ORDER

David Eugene Scheper, pro se. Ana H. Voss, Ann M. Bildtsen, and Erin M. Secord, Assistant United States Attorneys, Counsel for Respondent.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Elizabeth Cowen Wright dated June 5, 2020. No objections have been filed to the Report and Recommendation in the time period permitted.

Accordingly, based upon the Report & Recommendation, files, records, and proceedings herein, IT IS HEREBY ORDERED:

1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright dated June 5, 2020 [Docket No. 14].

2. Scheper's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 [Docket No. 1] is DENIED AS MOOT to the extent he seeks "immediate release" to home confinement;

3. Scheper's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 [Docket No. 1] is DENIED to the extent he seeks "immediate release" from all confinement; and

4. This matter be DISMISSED WITHOUT PREDJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 20, 2020

s/ Michael J. Davis

Michael J. Davis

United States District Court