Martinez-Fuentes v. Fisher

Filing 18

ORDER ADOPTING 13 REPORT AND RECOMMENDATION: 1. Petitioner Manuel Martinez- Fuentes's petition for a writ of habeas corpus [Docket No. 1] is DENIED. 2. This action is DISMISSED WITH PREJUDICE (Written Opinion). Signed by Judge Patrick J. Schiltz on 5/27/11. (LPH)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MANUEL MARTINEZ-FUENTES, Case No. 10-CV-0988 (PJS/JJK) Petitioner, v. ORDER SCOTT PETER FISHER, Warden, Respondent. Manuel Martinez-Fuentes, pro se. Mary J. Madigan and Gregory G. Brooker, UNITED STATES ATTORNEY’S OFFICE, for respondent. This matter is before the Court on petitioner Manuel Martinez-Fuentes’s objection to the April 5, 2011 Report and Recommendation (“R&R”) of Magistrate Judge Jeffrey J. Keyes. The Court has reviewed de novo those portions of the R&R to which Martinez-Fuentes has objected, as required by 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). The Court overrules MartinezFuentes’s objection and adopts Judge Keyes’s R&R. ORDER Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES Martinez-Fuentes’s objection [Docket No. 15] and ADOPTS Judge Keyes’s R&R [Docket No. 13]. Accordingly, IT IS HEREBY ORDERED THAT: 1. Petitioner Manuel Martinez-Fuentes’s petition for a writ of habeas corpus [Docket No. 1] is DENIED. 2. This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 27, 2011 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge -2-

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