Opinion
Case No. 19-cv-2638 (WMW/TNL)
07-22-2020
Matthew Scott Stewart, Petitioner, v. Tracy Beltz, warden, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the March 5, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED:
1. The March 5, 2020 R&R, (Dkt. 10), is ADOPTED.
2. Respondent's motion to dismiss, (Dkt. 5), is GRANTED.
3. Petitioner's petition for a writ of habeas corpus, (Dkt. 1), is DENIED.
4. This matter is DISMISSED WITH PREJUDICE.
5. No certificate of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 22, 2020
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge