Washington v. Smith

Filing 24

ORDER: Petitioner's Objection to Magistrate Judge Steven E. Rau's June 29, 2018 Report and Recommendation (Doc. No. 19 ) is DENIED AS MOOT. (Written Opinion). Signed by Judge Donovan W. Frank on 10/17/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Keith Eugene Washington,

Civil No. 17-5054 (DWF/SER)

Petitioner,
v.

ORDER

Michelle Smith,
Respondent.

In an Order dated July 17, 2018, the Court adopted the Report and Recommendation
of United States Magistrate Judge Steven E. Rau dated June 29, 2018 (Doc. No. 16) and
dismissed this case with prejudice. (Doc. No. 18.) Judgment was entered on July 23,
2018. (Doc. No. 18.) On July 23, 2018, Plaintiff filed an untimely objection to the
Report and Recommendation. Because the objection is untimely and the Court lacks
jurisdiction over this case, Petitioner’s objection is properly denied as moot. The Court
notes, however, that the arguments set forth by Plaintiff would not warrant a departure
from the Magistrate Judge’s Report and Recommendation, which even after a de novo
review, would have been properly adopted. Accordingly, the Court now ORDERS that:
Petitioner’s Objection to Magistrate Judge Steven E. Rau=s June 29, 2018 Report and
Recommendation (Doc. No. [19]) is DENIED AS MOOT.
Dated: October 17, 2018

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