Payen v. Jett et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendation, 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Paul Payen (Written Opinion). Case dismissed. Signed by Judge John R. Tunheim on February 27, 2015. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA PAUL PAYEN, Civil No. 15-122 (JRT/HB) Plaintiff, v. HON. WARDEN B.R. JETT, et al, ORDER ON REPORT AND RECOMMENDATION Defendants. Paul Payen, 04997-052, Rochester Federal Medical Center, P.O. Box 4000, Rochester, MN 55903, pro se plaintiff, Ana Voss, D. Geral Wilhelm, David Fuller, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendants. 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. Petitioner Paul Payen’s petition for a writ of habeas corpus [Doc. No. 1] is DENIED. 3. Payen’s application to proceed in forma pauperis [Doc. No. 2] is DENIED. 4. This action is DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 27, 2015 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM United States District Judge 2

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