Lechner v. Wilson

Filing 6

ORDER ADOPTING 5 Report and Recommendation, dismissing without prejudice 2 Motion for Miscellaneous Relief; dismissing without prejudice 3 Application to Proceed in District Court without Prepaying Fees or Costs filed by John Francis Lechner (Written Opinion). Signed by Judge Ann D. Montgomery on 3/5/15. (JME)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

John Francis Lechner,
Civ. No. 15-79 (ADM/BRT)
Petitioner,
v.
ORDER
Denise Wilson, Warden,
Respondent.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Becky R. Thorson dated February 12, 2015. No
objections have been filed to that Report and Recommendation in the time period
permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of
the files, records, and proceedings herein, the Court now makes and enters the following
Order.
IT IS HEREBY ORDERED that:
1.

Lechner’s petition for a writ of habeas corpus (Doc. No. 1) and motion for

relief under 28 U.S.C. § 2241 (Doc. No. 2) are DISMISSED WITHOUT PREJUDICE
for lack of subject-matter jurisdiction; and
2.

Lecher’s application to proceed in forma pauperis (Doc. No. 3) is DENIED

AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

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Date: March 5, 2015
s/Ann D. Montgomery
ANN D. MONTGOMERY
United States District Judge

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