Opinion
Civil Nos. 18-217 (JRT/LIB)
04-20-2018
JAMES ALOYSIOUS WIESELER, Plaintiff, v. EDDIE MILES, Defendant
James Aloysious Wieseler, 411 E 6th Street, Fairmont, MN 56031, for plaintiff. Daniel Ganin, MINNESOTA DEPARTMENT OF CORRECTIONS, 1450 Energy Park Drive. Suite 200, St. Paul, MN 55108, Matthew Frank, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1800, St Paul, MN 55101-2134 for defendant.
ORDER ADOPTING REPORT AND RECOMMENDATIONS
James Aloysious Wieseler, 411 E 6th Street, Fairmont, MN 56031, for plaintiff. Daniel Ganin, MINNESOTA DEPARTMENT OF CORRECTIONS, 1450 Energy Park Drive. Suite 200, St. Paul, MN 55108, Matthew Frank, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1800, St Paul, MN 55101-2134 for defendant.
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED that:
1. That the Petition for Writ of Habeas Corpus [Docket No. 1] is DENIED.
2. This matter is DISMISSED without prejudice for lack of subject-matter jurisdiction.
3. No certificate of appealability will be issued.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April 20, 2018
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court