From Casetext: Smarter Legal Research

SHARKEY v. WALD

United States District Court, D. Minnesota
May 20, 2009
Case No. 09-CV-0900 (PJS/SRN) (D. Minn. May. 20, 2009)

Opinion

Case No. 09-CV-0900 (PJS/SRN).

May 20, 2009


ORDER


Jonathon Sharkey, pro se.

Chad A. Blumenfield, UNITED STATES ATTORNEY'S OFFICE, for respondent.

This matter is before the Court on the objection of petitioner Jonathon Sharkey to the April 24, 2009 Report and Recommendation ("R R") of Magistrate Judge Susan R. Nelson. Judge Nelson recommends dismissing Sharkey's petition without prejudice. The Court has reviewed de novo those portions of the R R to which Sharkey has objected, as required by 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The Court overrules Sharkey's objection and adopts Judge Nelson's thorough and well-reasoned R R.

ORDER

Based on the foregoing and on all of the files, records, and proceedings herein, the Court OVERRULES Sharkey's objection [Docket No. 3] and ADOPTS Judge Nelson's Report and Recommendation [Docket No. 2]. Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner Jonathon Sharkey's petition for a writ of habeas corpus [Docket No. 1] is DENIED.
2. This case is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.


Summaries of

SHARKEY v. WALD

United States District Court, D. Minnesota
May 20, 2009
Case No. 09-CV-0900 (PJS/SRN) (D. Minn. May. 20, 2009)
Case details for

SHARKEY v. WALD

Case Details

Full title:JONATHON SHARKEY, Petitioner, v. STEVE VON WALD, in his official capacity…

Court:United States District Court, D. Minnesota

Date published: May 20, 2009

Citations

Case No. 09-CV-0900 (PJS/SRN) (D. Minn. May. 20, 2009)

Citing Cases

Smith v. Gordon

Plaintiff cannot use § 2254, which applies to persons “in custody pursuant to the judgment of a State…

Konz v. Witt

Section 2254, therefore, is the traditional federal remedy for state court inmates challenging their…