Akbar v. U.S. Parole Commission et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Adopting 3 Report and Recommendation; Denying 2 Motion for Leave to Proceed in forma pauperis filed by Muhammad Akbar (Written Opinion). Signed by Senior Judge David S. Doty on 1/29/2010. (PJM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 09-3073(DSD/SRN) Muhammad Akbar, Petitioner, v. U.S. Parole Commission, Chevy Chase MD/20815, Warden Brian Jett, FMC Rochester MN/55904 Respondents. ORDER

This matter is before the court upon petitioner Muhammad Akbar's ("Akbar") pro se objections to the November 13, 2009, report and recommendation of Magistrate Judge Susan Richard Nelson. The magistrate judge recommends dismissing Akbar's 28 U.S.C. § 2241 petition challenging the United States Parole Commission's The court

designation of his case for original jurisdiction.1

reviews the report and recommendation of the magistrate judge de novo. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2(b). After a review of the file, record and proceedings herein, including the audio recording of Akbar's June 17, 2009, interim parole hearing [Doc. No. 7], the court finds that the report and recommendation of the magistrate judge is well reasoned and

In an original jurisdiction case, the recommendation of a parole hearing examiner is reviewed by a majority of the Commissioners of the U.S. Parole Commission. 28 C.F.R. § 2.17.

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correctly disposes of Akbar's petition. overrules Akbar's objections.

Therefore, the court

Accordingly, IT IS HEREBY ORDERED that the magistrate judge's report and recommendation [Doc. No. 3] is adopted in its entirety.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 29, 2010 s/David S. Doty David S. Doty, Judge United States District Court

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