Smith v. United States of America
ORDER ADOPTING 2 Report and Recommendation; OVERRULING 5 Objections; summarily DISMISSING 1 Application for Habeas Corpus for lack of jurisdiction. (Written Opinion). Signed by Judge Richard H. Kyle on 03/26/13. (kll) (cc: Omar Smith) Modified on 3/26/2013 (jz).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 13-352 (RHK/AJB)
United States of America,
Before the Court are Petitioner=s Objections to the February 19, 2013, Findings of
Fact, Conclusions of Law, and Recommendation by Chief United States Magistrate Judge
Arthur J. Boylan. Judge Boylan recommended that Petitioner=s application for habeas
corpus relief under 28 U.S.C. ' 2241 be summarily DISMISSED for lack of jurisdiction.
Having conducted a de novo review of the Report and Recommendation and the
Objections thereto, the Court is satisfied that Judge Boylan=s recommended disposition is
fully supported by the factual record before him and controlling legal authorities.
Accordingly, and upon all the files, records and proceedings herein, IT IS
1. The Objections (Doc. No. 5) are OVERRULED;
2. The Report and Recommendation (Doc. No. 2) is ADOPTED; and
3. Petitioner=s application for habeas corpus relief under 28 U.S.C. ' 2241 (Doc.
No. 1) is summarily DISMISSED for lack of jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 26, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge