Lucicosky v. Bureau of Prisons et al

Filing 18

ORDER granting 11 Motion to Dismiss for Lack of Jurisdiction; Adopting 17 Report and Recommendation; dismisisng 3 Petition for Writ of Habeas Corpus with prejudice. (Written Opinion). Signed by Judge Richard H. Kyle on 02/05/13. (kll) cc: Richard Lucicosky. Modified on 2/5/2013 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ Richard Lucicosky, Civil No. 11-3358 (RHK/JSM) Petitioner, ORDER v. Bureau of Prisons, et.al., Respondents. ________________________________________________________________________ This matter is before the Court on the January 11, 2013, Report and Report and Recommendation of United States Magistrate Judge Janie S. Mayeron. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, and upon all the files, records and proceedings herein, IT IS ORDERED: 1. The Report and Recommendation (Doc. No. 17) is ADOPTED; 2. Respondents’ Motion to Dismiss (Doc. No. 11) is GRANTED; and 3. Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. No. 3) is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 5, 2013 s/Richard H. Kyle RICHARD H. KYLE United States District Court

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