Lucientes v. Fondren

Filing 14

ORDER ADOPTING 8 Report and Recommendation; OVERRULING 13 Objections; DISMISSING WITH PREJUDICE 1 Petition for Writ of Habeas Corpus. (Written Opinion). Signed by Judge Richard H. Kyle on 11/06/09. (kll)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ Richard B. Lucientes, Petitioner, v. Warden Dwight L. Fondren, Respondent. ________________________________________________________________________ Petitioner has filed Objections to the August 28, 2009 Report and Recommendation of Magistrate Judge Arthur J. Boylan in which Judge Boylan has recommended the denial of the Petition for writ of habeas corpus. The Court has now reviewed de novo the Report and Recommendation and Petitioner's Objections. Based upon that review and all of the files, records and proceedings herein, IT IS ORDERED: The Objections (Doc. No. 13) are OVERRULED; The Report and Recommendation (Doc. No. 8) is ADOPTED; and The Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus (Doc . No. 1) is DISMISSED WITH PREJUDICE. Dated: November 6, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Civil No. 09-760 (RHK/AJB) ORDER