Deleston v. Federal Bureau of Prisons
Filing
8
ORDER Adopting 3 Report and Recommendation; Denying 7 Motion to Amend; Overruling 6 Objections; Dismissing for lack of jurisdiction 1 Petitioners Application for habeas corpus relief. (Written Opinion). Signed by Judge Richard H. Kyle on 04/25/11. (kll)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Dwayne Deleston,
Civil No. 11-711 (RHK/SER)
Petitioner,
ORDER
v.
Federal Bureau of Prisons,
Respondent.
________________________________________________________________________
Having conducted a de novo review of Magistrate Judge Steven E. Rau’s March 31,
2011 Report and Recommendation and Petitioner’s Objections thereto, and upon all the
files, records and proceedings herein, IT IS ORDERED:
1. Petitioner’s Objections (Doc. No. 6) are OVERRULED;
2. Petitioner’s Motion to Amend Pending Application for Habeas Corpus Relief
(Doc. No. 7) is DENIED;
3. The Report and Recommendation (Doc. No. 3) is ADOPTED; and
4. Petitioner’s Application for habeas corpus relief under 28 U.S.C. § 2241 (Doc.
No. 1) is summarily DISMISSED for lack of jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 25, 2011
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?