Simon v. Cruz

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendation. The Petitioner's Application for Writ of Habaeas Corpus is DENIED, and this action is DISMISSED WITH PREJUDICE. Signed by Chief Judge Michael J. Davis on 5/29/09. (kmw)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA PHILIP SIMON, Petitioner, v. M. CRUZ, Warden, Respondent.

ORDER Civil File No. 084804 (MJD/JJK)

Philip Simon, pro se. Tracy L. Perzel, United States Attorney's Office, Counsel for Defendant. This matter comes before the Court upon the Report and Recommendation

of United States Magistrate Judge Jeffrey J. Keyes [Docket No. 12]. Plaintiff Philip Simon filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record. See 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation. Accordingly, based upon the files, records, and proceedings herein, IT IS

HEREBY ORDERED that:

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1. The Court ADOPTS the Magistrate Judge's Report and Recommendation [Docket No. 12]. 2. Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Docket No. 1] is DENIED. 3. This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: May 29, 2009

s/Michael J. Davis Michael J. Davis Chief Judge United States District Court

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