Blocker v. Miles

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendation [ECF No. 18 ] is ADOPTED; and The petition for a writ of habeas corpus of petitioner Bryan NMN Blocker [ECF No. 1 ] is DISMISSED WITHOUT PREJUDICE for failure to fully exhaust state remedies. (Written Opinion). Signed by Judge Eric C. Tostrud on 10-12-2018. (RMM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Bryan NMN Blocker,

File No. 18-cv-00542 (ECT/BRT)

Petitioner,
v.
Eddie Miles,
Warden, MCF-Stillwater,

ORDER ADOPTING REPORT
AND RECOMMENDATION

Respondent.

The Court has received the September 10, 2018, Report and Recommendation of
United States Magistrate Judge Becky R. Thorson. ECF No. 18. No party has objected to
that Report and Recommendation, and the Court therefore reviews it for clear error. See
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all of the files, records, and proceedings in the
above-captioned matter, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation [ECF No. 18] is ADOPTED; and

2.

The petition for a writ of habeas corpus of petitioner Bryan NMN Blocker

[ECF No. 1] is DISMISSED WITHOUT PREJUDICE for failure to fully exhaust state
remedies.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 12, 2018

s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court Judge