Opinion
21-cv-1846 (WMW/HB)
10-27-2021
Jeremiah Ybarra, Petitioner, v. Warden Kallis, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Wilhelmina M. Wright United States District Judge
Before the Court is the August 30, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 4.) No. objections to the R&R were 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, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The August 30, 2021 R&R, (Dkt. 4), is ADOPTED.
2. Petitioner Jeremiah Ybarra's application to proceed in forma pauperis, (Dkt. 3), is DENIED as moot.
3. Petitioner Jeremiah Ybarra's petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.