Lo v. Commissioner of Correction of the State of Minnesota

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendation. IT IS HEREBY ORDERED that: 1. Petitioners Petition for Writ of Habeas Corpus under Title 28 U.S.C. Section 2254 [Docket No. 1], is DENIED; and 2. This action is DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge John R. Tunheim on January 14, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

MICHAEL LO, Petitioner, v. COMMISSIONER OF CORRECTIONS OF THE STATE OF MINNESOTA, Respondent.

Civil No. 07-4602 (JRT/JSM) ORDER ADOPTING REPORT AND RECOMMENDATION

Stephen Grisby, LAW OFFICE OF STEPHEN V. GRISBY, 30260 118th Street, Princeton, MN 55371, for petitioner. Peter R. Marker, OFFICE OF THE MINNESOTA ATTORNEY GENERAL, 445 Minnesota Street, Suite 900, St. Paul, MN 55101; Mark Nathan Lystig, OFFICE OF THE RAMSEY COUNTY ATTORNEY, 50 West Kellogg Boulevard, Suite 315, St. Paul, MN 55102, for respondent. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated December 8, 2008. Based upon the Report and Recommendation of the Magistrate Judge [Docket No. 7], and all of the files, records and proceedings herein, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Petitioner's Petition for Writ of Habeas Corpus under Title 28 U.S.C. Section 2254 [Docket No. 1], is DENIED; and 2. This action is DISMISSED WITH PREJUDICE.

Dated: January 14, 2009 at Minneapolis, Minnesota

__ s/John R. Tunheim _ __ JOHN R. TUNHEIM United States District Judge