Simon v. Cruz

Full title: PHILIP SIMON, Petitioner, v. M. CRUZ, Warden, Respondent

Court: United States District Court, D. Minnesota

Date published: May 29, 2009

Civil File No. 08-4804 (MJD/JJK) (D. Minn. May. 29, 2009)

Opinion

Civil File No. 08-4804 (MJD/JJK).

May 29, 2009

Philip Simon, pro se.

Tracy L. Perzel, United States Attorney's Office, Counsel for Defendant.

ORDER

MICHAEL DAVIS, District Judge

This matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes [Docket No. 12]. Plaintiff Philip Simon filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record. See 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

1. The Court ADOPTS the Magistrate Judge's Report and Recommendation [Docket No. 12].

2. Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Docket No. 1] is DENIED.

3. This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.