Opinion
File No. 21-cv-483 (ECT/TNL)
05-03-2021
James Andre Woodard, Petitioner, v. Vicki Genson, Warden, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Magistrate Judge Tony N. Leung issued a Report and Recommendation on April 9, 2021. ECF No. 5. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 5] is ACCEPTED;
2. This matter is DISMISSED WITHOUT PREJUDICE pursuant to Rule 4 of the Rules Governing Section 2254 Proceedings in the United States District Courts; and
3. No certificate of appealability shall be issued.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 3, 2021
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court