Bandy v. Commissioner of Corrections

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge John R. Tunheim on 9/18/12. (jam) CC: Joe H Bandy on 9/18/2012 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-2084 JRT/LIB

JOE H. BANDY,
Petitioner,
v.

ORDER
COMMISSIONER OF CORRECTIONS,
Respondent.
Joe H. Bandy, #125257, MCF- Lino Lakes, 7525 Fourth Avenue, Lino Lakes,
MN 55014, pro se petitioner.
Lee Barry, OFFICE OF THE HENNEPIN COUNTY ATTORNEY, 300
South Sixth Street, Suite C-2000, Minneapolis, MN 55487, for respondent.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Leo I. Brisbois dated August 31, 2012.
Based upon the Report and Recommendation of the Magistrate Judge [Docket No. 4], and all
of the files, records and proceedings herein, and no objections having been filed to said
Report and Recommendation,
IT IS HEREBY ORDERED that:
1.

Petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. §
2254, (Docket No. 1), be DENIED; and

2.

This action be summarily DISMISSED without prejudice for lack of
jurisdiction.

Dated: September 18 , 2012
at Minneapolis, Minnesota

s/John R. Tunheim_____
JOHN R. TUNHEIM
United States District Judge