Smith v. United States of America

Filing 7

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).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _______________________________________________________________________ Omar Smith, Civil No. 13-352 (RHK/AJB) Petitioner, ORDER v. United States of America, Respondent. _______________________________________________________________________ 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 ORDERED: 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 2