Rodoifo v. Bell et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Magistrate Judge Tony N. Leung's January 10, 2018 Report and Recommendation (Doc. No. 8 ) is ADOPTED. Respondent R. Bell's Motion to Dismiss Petition for Writ of Habeas Corpus Pursuant to 28 U.S .C. § 2241 (Doc. No. 6 ) is GRANTED. Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. No. 1 ) is DISMISSED WITHOUT PREJUDICE. Petitioner's Motion Requesting Equitable Tolling (Doc. No. 3 ) is STRICKEN. This matter is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 2/6/2018. (las) Modified text on 2/6/2018 (ACH). cc: Montoya Flores Rodolfo

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Montoya Flores Rodolfo,

Civil No. 17-3066 (DWF/TNL)

Petitioner,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

R. Bell, Warden, Federal Medical Center
Rochester,
Respondent.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Tony N. Leung dated January 10, 2018. (Doc. No. 8.)
No objections have been filed to that Report and Recommendation in the time period
permitted. The factual background for the above-entitled matter is clearly and precisely
set forth in the Report and Recommendation and is incorporated by reference. Based
upon the Report and Recommendation of the Magistrate Judge and upon all of the files,
records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Tony N. Leung’s January 10, 2018 Report and

Recommendation (Doc. No. [8]) is ADOPTED.
2.

Respondent R. Bell’s Motion to Dismiss Petition for Writ of Habeas Corpus

Pursuant to 28 U.S.C. § 2241 (Doc. No. [6]) is GRANTED.
3.

Petitioner’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C.

§ 2241 (Doc. No. [1]) is DISMISSED WITHOUT PREJUDICE.

4.

Petitioner’s Motion Requesting Equitable Tolling (Doc. No. [3]) is

STRICKEN.
5.

This matter is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: February 6, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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