Smith v. United States of America

Filing 7

ORDER ADOPTING 2 Report and Recommendation; OVERRULING 5 Objections; summarily DISMISSING 1 Application for Habeas Corpus for lack of jurisdiction. (Written Opinion). Signed by Judge Richard H. Kyle on 03/26/13. (kll) (cc: Omar Smith) Modified on 3/26/2013 (jz).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_______________________________________________________________________
Omar Smith,

Civil No. 13-352 (RHK/AJB)
Petitioner,

ORDER

v.
United States of America,
Respondent.
_______________________________________________________________________
Before the Court are Petitioner=s Objections to the February 19, 2013, Findings of
Fact, Conclusions of Law, and Recommendation by Chief United States Magistrate Judge
Arthur J. Boylan. Judge Boylan recommended that Petitioner=s application for habeas
corpus relief under 28 U.S.C. ' 2241 be summarily DISMISSED for lack of jurisdiction.
Having conducted a de novo review of the Report and Recommendation and the
Objections thereto, the Court is satisfied that Judge Boylan=s recommended disposition is
fully supported by the factual record before him and controlling legal authorities.
Accordingly, and upon all the files, records and proceedings herein, IT IS
ORDERED:
1. The Objections (Doc. No. 5) are OVERRULED;
2. The Report and Recommendation (Doc. No. 2) is ADOPTED; and

3. 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: March 26, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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