Hodge v. Fisher

Filing 17

ORDER denying 8 Motion for Summary Judgment; denying as moot 10 Motion for Extension of Time to File Response/Reply; adopting 13 Report and Recommendation; overruling 14 Objections; denying 1 Petition for Writ of Habeas Corpus; dismissing this matter with prejudice. (Written Opinion). Signed by Judge Richard H. Kyle on 03/14/11. (kll)

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Hodge v. Fisher Doc. 17 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Erskine Hodge, Petitioner, v. Scott Fisher, Respondent. Civil No. 10-769 (RHK/JJG) ORDER This matter is before the undersigned on the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham. Petitioner Erskine Hodge, currently incarcerated at the federal prison in Sandstone, is proceeding pro se. Respondent Scott Fisher, who appears in his capacity as warden of the Sandstone prison, is represented by D. Gerald Wilhelm, Assistant U.S. Attorney. Based upon the undersigned's de novo review of the Report and Recommendation, and Petitioner's Objections thereto, IT IS ORDERED: 1. 2. 3. 4. 5. MOOT; and 6. This matter is DISMISSED WITH PREJUDICE. The Objections (Doc. No. 14) are OVERRULED; The Report and Recommendation (Doc. No. 13) is ADOPTED; The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED; Petitioner's Motion for Summary Judgment (Doc. No. 8) is DENIED; Petitioner's Motion for additional time to file (Doc. No. 10) is DENIED AS LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: March 14, 2011 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Dockets.Justia.com

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