Opinion
Civ. 23-2009 (JWB/TNL)
12-12-2023
Patrick Randell McIntosh, Petitioner, v. Jared Rardin, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JERRY W. BLACKWELL UNITED STATES DISTRICT JUDGE
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation (“R&R”) on November 14, 2023. (Doc. No. 8.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The November 14, 2023 Report and Recommendation (Doc. No. 8) is ACCEPTED; and
2. Petitioner Patrick Randell McIntosh's amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 6) is DENIED.
3. Petitioner's Motion Seeking Leave and Counsel (Doc. No. 7) is DENIED to the extent it seeks consolidation of this action with McIntosh v. Rardin, Civ. No. 231832 (PJS/DLM) (D. Minn.)
4. Petitioner's Application to Proceed in District Court without Prepaying Fees or Costs (Doc. No. 3) is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.