Vela-Coronado v. USA

Filing 5

ORDER adopting 2 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus, filed by Luis Vela-Coronado. Petitioner's application for habeas corpus is dismissed(Written Opinion). Signed by Judge Donovan W Frank on 9/26/05. (lml)

Vela-Coronado v. USA

Doc. 5

Case 0:05-cv-02070-DWF-AJB

Document 5

Filed 09/26/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Luis Vela-Coronado, Petitioner, v. United States of America, Respondent.

Civil No. 05-2070 (DWF/AJB)

ORDER

______________________________________________________________________________ Luis Vela-Coronado, Pro Se, Petitioner. ______________________________________________________________________________

This matter is before the Court upon Petitioner Luis Vela-Coronado's objections to Magistrate Judge Arthur J. Boylan's Report and Recommendation dated September 9, 2005, recommending that Petitioner's application for habeas corpus relief under 28 U.S.C. § 2241 be dismissed for lack of jurisdiction. The Court has conducted a de novo review of the record, including a review of the arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Petitioner's objections. Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

Dockets.Justia.com

Case 0:05-cv-02070-DWF-AJB

Document 5

Filed 09/26/2005

Page 2 of 2

ORDER 1. Petitioner Luis Vela-Coronado's objections (Doc. No. 3) to Magistrate Judge Arthur

J. Boylan's Report and Recommendation dated September 9, 2005, are DENIED. 2. Magistrate Judge Arthur J. Boylan's Report and Recommendation dated September 9,

2005 (Doc. No. 2), is ADOPTED. 3. Petitioner Luis Vela-Coronado's application for habeas corpus relief under 28 U.S.C.

§ 2241 (Doc. No. 1) is DISMISSED for lack of jurisdiction.

Dated: September 26, 2005

s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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