Spencer v. Watson

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION(Written Opinion). Signed by Judge Wilhelmina M. Wright on 08/14/2017. (TJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Antwoyn Spencer,

Case No. 17-cv-1381 (WMW/DTS)
Petitioner,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Warden T.J. Watson,
Respondent.

This matter is before the Court on the June 12, 2017 Report and Recommendation
(R&R) of United States Magistrate Judge David T. Schultz.

(Dkt. 4.)

The R&R

recommends denying Petitioner Antwoyn Spencer’s petition for a writ of habeas corpus,
(Dkt. 1), and denying as moot Spencer’s motion to amend his petition for a writ of habeas
corpus, (Dkt. 2). Spencer timely filed objections to the R&R in which he asserts that this
Court has jurisdiction over this action pursuant to 28 U.S.C. § 2241(c)(3).
A district court reviews de novo any aspect of an R&R to which a party timely
objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); LR 72.2(b)(3). Spencer asserts
generally that this Court has jurisdiction over his petition for a writ of habeas corpus
under 28 U.S.C. § 2241, but nothing in Spencer’s objections undermines the R&R’s
conclusion that his petition is an improper successive petition under 28 U.S.C. § 2255.
Consequently, having reviewed the conclusions of the R&R de novo, the Court overrules
Spencer’s objections, adopts the R&R, and dismisses Spencer’s petition for a writ of
habeas corpus for lack of jurisdiction.

ORDER
Based on the R&R and all the files, records and proceedings herein, IT IS
HEREBY ORDERED:
1.

Petitioner Antwoyn Spencer’s objections to the June 12, 2017 R&R,

(Dkt. 5), are OVERRULED;
2.

The June 12, 2017 R&R, (Dkt. 4), is ADOPTED;

3.

Petitioner Antwoyn Spencer’s petition for a writ of habeas corpus, (Dkt. 1),

is DISMISSED WITHOUT PREJUDICE;
4.

Petitioner Antwoyn Spencer’s motion to amend his petition for a writ of

habeas corpus, (Dkt. 2), is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: August 14, 2017

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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