Hemphill v. Nicklin

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Motion to Appoint Counsel filed by Rita Hemphill. Case dismissed without prejudice. (Written Opinion). Signed by Judge John R. Tunheim on June 9, 2015. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _____________________________________________________________________ RITA HEMPHILL, Civil No. 15-2107 (JRT/FLN) Plaintiff, v. ORDER ON REPORT AND RECOMMENDATION JULIE NICKLIN, Defendant. ________________________________________________________________________ Rita Hemphill, 18668-424, FCI- Waseca, PO Box 1731, Waseca, MN 56093, pro se plaintiff, Ana H. Voss, D. Gerald Wilhelm, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated May 6, 2015, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Petitioner Rita Hemphill’s petition for a writ of habeas corpus [Docket No. 1] is DENIED. 2. This action is DISMISSED WITHOUT PREJUDICE FOR LACK OF JURISDICTION. 3. Hemphill’s motion to appoint counsel [Docket No. 2] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: June 9, 2015 at Minneapolis, Minnesota. ____s/John R. Tunheim ____ JOHN R. TUNHEIM United States District Judge

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