Stanko v. Rios et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 and denying petitioner's petition for writ of habeas corpus. This case is dismissed with prejudice (Written Opinion). Signed by Judge Joan N. Ericksen on April 20, 2009. (slf)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Rudy Stanko, Petitioner, v. Ricardo Rios, Michael Nalley, and Harley Lappin, Respondents. This case is before the Court on a Report and Recommendation issued by the Honorable Jeanne J. Graham, United States Magistrate Judge, on March 12, 2009. The magistrate judge recommended that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C.A. § 2241 (West 2006 & Supp. 2008) be denied, that this litigation be dismissed, and that judgment be entered. Petitioner objected. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation. Therefore, IT IS ORDERED THAT: 1. 2. Petitioner's petition for writ of habeas corpus [Docket No. 1] is DENIED. This case is DISMISSED WITH PREJUDICE. Civil No. 08-3102 (JNE/JJG) ORDER

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April 20, 2009 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge