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Brown v. Rios

United States District Court, D. Minnesota
Jun 18, 2009
Civil No. 08-4732 (DWF/JJG) (D. Minn. Jun. 18, 2009)

Summary

finding that forfeiture of 41 days vested and 140 days non-vested good time credit is a reasonable sanction for possession of a prohibited SIM card

Summary of this case from Talbert v. Thomas

Opinion

Civil No. 08-4732 (DWF/JJG).

June 18, 2009

James Brown, Pro Se, Petitioner.

David P. Steinkamp, Assistant United States Attorney, United States Attorney's Office, counsel for Respondent.


ORDER


This matter is before the Court upon Petitioner James Brown's ("Petitioner") objections to Magistrate Judge Jeanne J. Graham's Report and Recommendation dated March 12, 2009, recommending that: (1) Petitioner's petition for a writ of habeas corpus be denied; and (2) this litigation be dismissed in its entirety and judgment be entered.

The Court has conducted a de novo review of the record, including a review of the arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Petitioner's objections.

Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

ORDER

1. Petitioner James Brown's objections (Doc. No. 17) to Magistrate Judge Jeanne J. Graham's Report and Recommendation dated March 12, 2009, are DENIED.

2. Magistrate Judge Jeanne J. Graham's Report and Recommendation dated March 12, 2009 (Doc. No. 16), is ADOPTED.

3. Petitioner James Brown's petition for a writ of habeas corpus (Doc. No. 1) is DENIED.

4. Based upon the state of the record before the Court, the request of the Petitioner for an evidentiary hearing is respectfully DENIED.

5. This litigation is DISMISSED in its entirety.

LET JUDGMENT BE ENTERED ACCORDINGLY.


Summaries of

Brown v. Rios

United States District Court, D. Minnesota
Jun 18, 2009
Civil No. 08-4732 (DWF/JJG) (D. Minn. Jun. 18, 2009)

finding that forfeiture of 41 days vested and 140 days non-vested good time credit is a reasonable sanction for possession of a prohibited SIM card

Summary of this case from Talbert v. Thomas
Case details for

Brown v. Rios

Case Details

Full title:James Brown, Petitioner, v. Ricardo Rios, Warden, Respondent

Court:United States District Court, D. Minnesota

Date published: Jun 18, 2009

Citations

Civil No. 08-4732 (DWF/JJG) (D. Minn. Jun. 18, 2009)

Citing Cases

Talbert v. Thomas

Other cases in this District have upheld similar reductions in good time credits for use of cellular…