Jones v. Federal Bureau of Prisons et al

Filing 40

ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Chief Magistrate Judge's Report and Recommendation dated February 8, 2010 31 . 2. Petitioner's application fo r a writ of habeas corpus 1 is DENIED AS MOOT. 3. Petitioner's Motion for Sanctions 11 is DENIED. 4. Petitioner's Second Motion for Sanctions 12 is DENIED. 5. Petitioner's Third Motion for Sanctions 26 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/4/10. (GRR)

Jones v. Federal Bureau of Prisons et al

Doc. 40

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________ KELLY JONES, Petitioner, v. ORDER Civil File No. 091074 (MJD/RLE)

FEDERAL BUREAU OF PRISONS and UNITED STATES OF AMERICA, Respondents. ________________________________________________________________ Kelly Jones, pro se. Gregory Brooker and Ana H. Voss, Assistant United States Attorneys, Counsel for Respondents. _________________________________________________________________ The aboveentitled matter comes before the Court upon the Report and Recommendation of Chief United States Magistrate Judge Raymond L. Erickson dated February 8, 2010. [Docket No. 31] Petitioner Kelly Jones filed objections to the Report and Recommendation. With his objections, Jones has also submitted additional evidence related to the second DHO hearing. For the reasons thoroughly explained in the Report and Recommendation, Jones must file a new

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habeas petition to challenge any issues with regard to the second DHO hearing. Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of Chief United States Magistrate Judge Raymond L. Erickson dated February 8, 2010. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Chief Magistrate Judge's Report and Recommendation dated February 8, 2010 [Docket No. 31]. Petitioner's application for a writ of habeas corpus [Docket No. 1] is DENIED AS MOOT. Petitioner's Motion for Sanctions [Docket No. 11] is DENIED. Petitioner's Second Motion for Sanctions [Docket No. 12] is D E N I E D . Petitioner's Third Motion for Sanctions [Docket No. 26] is DENIED.

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LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: August 4, 2010

s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court 2