Eastman v. Smith

Filing 11

ORDER Adopt Report and Recommendation 8 Report and Recommendation; denying 2 Motion for Remand (Written Opinion). Signed by Judge Susan Richard Nelson on 12/19/14. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Justin Wayne Eastman,
Civil No. 14-4795 (SRN/HB)
Petitioner,
v.
ORDER ON REPORT
AND RECOMMENDATION

Michelle Smith, Warden,
Respondent.

The above-entitled matter came before the Court upon the Report and Recommendation
of the United States Magistrate Judge. No objections have been filed to the Report and
Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the files,
records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

The Petition for a writ of habeas corpus [Doc. No. 1], is DENIED;

3.

Petitioner’s Motion for Remand [Doc. No. 2], is DENIED;

4.

This action is DISMISSED WITH PREJUDICE; and

5.

Petitioner shall NOT be granted a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 19, 2014

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge