Deleston v. Fisher

Filing 15

ORDER Adopting 8 Report and Recommendation; Overruling 12 Objections; denying 2 Application on Proceed in forma pauperis; denying 4 Motion for an Order to Release Prisoner; dismissing with prejudice 1 petition for habeas corpus; directing Clerk of Court to not file any new pleading submitted by Petitioner unless signed by an attorney or pre-approved for filing. (Written Opinion). Signed by Judge Richard H. Kyle on 02/05/13. (kll) cc: Dwayne Deleston on 2/5/2013 (jam).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA a Civil No. 12-3006 (RHK/SER) Dwayne Curtis Deleston, Petitioner, ORDER v. Scott P. Fisher, Respondent. The above-captioned case comes before the undersigned on the January 4, 2013, Report and Recommendation of United States Magistrate Judge Steven E. Rau, to which timely Objections were filed. In addition, Petitioner has filed a Motion for an Order to Release Prisoner, which Motion will be DENIED. Based upon all the files, records, and proceedings herein, and upon the undersigned’s de novo review of the Report and Recommendation, IT IS ORDERED: 1. Petitioner’s Objections entitled “Petitioner’s Reply to the Magistrate’s Report and Recommendation” (Doc. No. 12) are OVERRULED: 2. The Report and Recommendation (Doc. No. 8) is ADOPTED; 3. Petitioner’s application to proceed in forma pauperis (Doc. No. 2) is DENIED; 4. Petitioner’s application for habeas corpus relief under 28 U.S.C. ' 2241 (Doc. No. 1) is summarily DISMISSED WITH PREJUDICE; 5. Petitioner’s Motion for an Order to Release Prisoner (Doc. No. 4) is DENIED; and 6. The Clerk of Court is DIRECTED to not file any new pleading submitted by Petitioner, unless the pleading has been signed by an attorney, or pre-approved for filing by a Judge of the District Court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 5, 2013 s/Richard H. Kyle RICHARD H. KYLE United States District Judge 2

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