Ybarra v. Kallis

Full title: Jeremiah Ybarra, Petitioner, v. Warden Kallis, Respondent.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Feb 17, 2021

Case No. 20-cv-2091 (WMW/LIB) (D. Minn. Feb. 17, 2021)

Opinion

Case No. 20-cv-2091 (WMW/LIB)

02-17-2021

Jeremiah Ybarra, Petitioner, v. Warden Kallis, Respondent.

Wilhelmina M. Wright United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the December 2, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 5.) 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 the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The December 2, 2020 R&R, (Dkt. 5), is ADOPTED.

2. Petitioner Jeremiah Ybarra's Petition for Writ of Habeas Corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

3. Petitioner Jeremiah Ybarra's application to proceed in forma pauperis, (Dkt. 4), is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 17, 2021

s/Wilhelmina M. Wright

Wilhelmina M. Wright

United States District Judge