Long v. United States of America

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION. Petition is dismissed without prejudice (Written Opinion). Signed by Judge Wilhelmina M. Wright on 08/01/2017. (TJB) cc: Petitioner. Modified on 8/1/2017 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Robert Long, Case No. 17-cv-0464 (WMW/SER) Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION v. United States of America, Respondent. This matter is before the Court on the April 12, 2017 Report and Recommendation of United States Magistrate Judge Steven E. Rau. (Dkt. 5.) Because no objections have been filed, this Court reviews the Report and Recommendation for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the Report and Recommendation, the Court finds no clear error. Based on the Report and Recommendation and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The April 12, 2017 Report and Recommendation, (Dkt. 5), is ADOPTED; 2. Petitioner Robert Long’s petition under 28 U.S.C. § 2241 for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE; 3. Petitioner Robert Long’s application to proceed in district court without prepaying fees or costs, (Dkt. 2), is DENIED as moot; and 4. Petitioner Robert Long’s motion to appoint counsel, (Dkt. 3), is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 1, 2017 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge 2

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