Lucientes v. Fondren

Filing 9

VACATED PER ORDER DOCKET #10 - ORDER ADOPTING 8 Report and Recommendation; DISMISSING WITH PREJUDICE 1 Petition for Writ of Habeas Corpus. (Written Opinion). Signed by Judge Richard H. Kyle on 09/23/09. (kll) Modified on 9/24/2009 (vem).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Richard B. Lucientes, Petitioner, v. Warden Dwight L. Fondren, Respondent. Civil No. 09-760 (RHK/AJB) ORDER This matter is before the Court on the August 28, 2009 Report and Recommendation of Magistrate Judge Arthur J. Boylan. No objections have been filed to the Report and Recommendation. Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED: 1. The Report and Recommendation (Doc. No. 8) is ADOPTED; and 2. The Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED WITH PREJUDICE. Dated: September 23, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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