Aldaco v. Fisher

Filing 6

ORDER ADOPTING 5 Report and Recommendation; the petition is summarily dismissed without prejudice. Signed by Judge James M. Rosenbaum on 3/19/2010. (HLW)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA * * * * * * * * * * * * * * * * * * * Guillermo Aldaco, Jr., Petitioner, vs. Warden Scott Fisher, Respondent. * * * * * * * * * * * * * * Civ. No. 09-3287 (JMR/RLE) * * * * * ORDER ADOPTING REPORT AND RECOMMENDATION Based upon the Report and Recommendation of the United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS ORDERED: That the Petitioner's current Habeas Corpus Petition [Docket No. 1] is summarily dismissed, without prejudice, pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States Districts Courts, and for failure of prosecution pursuant to Rule 41(b), Federal Rules of Civil Procedure. Dated: March 19, 2010 s/James M. Rosenbaum Judge James M. Rosenbaum United States District Court

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