Everett v. Fisher

Filing 8

ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated August 13, 2010 4 . 2. Petitioner's action is DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Chief Judge Michael J. Davis on 10/22/10. (GRR)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

William Jason Everett, Petitioner, v. Scott Peter Fisher, Warden, Federal Correctional Institution, Respondent. Order Civil File No. 10-2771(MJD/JJG)

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham dated August 13, 2010. [Docket No. 4] Petitioner Everett filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record, including all transcripts filed and exhibits submitted to the Court. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation. A more full analysis of Eighth Circuit precedent on this issue can be found in this Court's ruling in Shinault v. Roal, 10-cv-3575 (MJD/FLN).

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated August 13, 2010 [Docket No. 4] 2. Petitioner's action is DISMISSED WITHOUT PREJUDICE

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 22, 2010

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