Mehighlovesky v. U.S. Department of Homeland Security et al

Filing 27

ORDER overruling 23 Objections; granting 6 Motion to Dismiss; denying 16 Motion; adopting 22 Report and Recommendation. (Written Opinion). Signed by Judge Richard H. Kyle on 01/17/13. (kll) (cc: Max Mehighlovesky) Modified on 1/17/2013 (jz).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Max Mehighlovesky,

Civil No. 12-902 (RHK/JJG)

Petitioner,

ORDER

vs.
U.S. Department of Homeland Security,
U.S. Immigration and Customs Enforcement,
Respondent.

Before the Court is Petitioner’s Objections to the December 7, 2012 Report and
Recommendation of Magistrate Judge Jeanne J. Graham. Judge Graham has
recommended that Respondent’s Motion to Dismiss be denied without prejudice, and that
the Motion for release from jail be denied.
The Court has conducted a de novo review of the Report and Recommendation.
Based on that review, the Court concludes that Judge Graham’s recommendations are
fully supported by the factual record before her and by controlling legal principles.
Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED:
1. Petitioner’s Objections (Doc. No. 23) are OVERRULED;
2. The Report and Recommendation (Doc. No. 22) is ADOPTED;
3. Respondent’s Motion to Dismiss (Doc. No. 6) is GRANTED;
4. Petitioner’s Motion for release from jail (Doc. No. 16) is DENIED; and
5. This action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 17, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge