Christian v. Smith

Filing 3

ORDER Adopting 2 Report and Recommendation, Denying 1 Application for writ of habeas corpus; Summarily Dismissing this action without prejudice for lack of jurisdiciton; declining to issue a Certificate of Appealability. (Written Opinion). Signed by Judge Richard H. Kyle on 04/17/13. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

David Kenneth Christian,
Petitioner,

Civil No. 13-650 (RHK/AJB)
ORDER ON REPORT
AND RECOMMENDATION

v.
Michelle Smith, Warden, Stillwater
Facility, Minnesota,
Respondent.

Based upon the Mach 28, 2013, Report and Recommendation of the Chief United
States Magistrate Judge Arthur J. Boylan, all the files and records, and no objections
having been filed to said Report and Recommendation, IT IS ORDERED:
1.

The Report and Recommendation (Doc. No. 2) is ADOPTED;

2.

The Petitioner’s application for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 (Doc. No. 1) is DENIED;

3.

This action is summarily DISMISSED without prejudice for lack of
jurisction; and

4.

The Court DECLINES to issue a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 17, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge