Castro-Vazquez v. Minnesota, State of

Filing 9

ORDER OVERRULING 7 Objections; ADOPTING 6 Report and Recommendation; DENYING 1 Application for Writ of Habeas Corpus; DENYING AS MOOT 2 Application on Proceed in forma pauperis; DISMISSING WITH PREJUDICE this action. (Written Opinion). Signed by Judge Richard H. Kyle on 03/18/09. (rhks)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ Aeropajito Castro-Vazquez, Petitioner, v. State of Minnesota, Respondent. ________________________________________________________________________ The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated February 19, 2009. Petitioner has filed timely objections to that Report and Recommendation. Based upon the Report and Recommendation of the Magistrate Judge, and upon all of the files, records and proceedings herein, including the undersigned's de novo review of the Report and Recommendation and the Objections thereto, IT IS ORDERED: 1. Petitioner's Objections (Doc. No. 7) are OVERRULED; 2. The Report and Recommendation (Doc. No. 6) is ADOPTED; 3. Petitioner's application for a writ of habeas corpus (Doc. No. 1) is DENIED; 4. Petitioner's application for leave to proceed in forma pauperis (Doc. No. 2) is DENIED AS MOOT; and Civil No. 09-276 (RHK/JSM) ORDER

5. This action is DISMISSED WITH PREJUDICE. Dated: March 18, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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