Shannon v. Minnesota Department of Corrections et al

Filing 19

ORDER. IT IS HEREBY ORDERED: The June 4, 2019 R&R 18 is ADOPTED; Respondents' motion to dismiss 14 is GRANTED; the amended petition of Petitioner James P. Shannon for a writ of habeas corpus 6 is DENIED; and this case is DISMISSED WITHOUT PREJUDICE (Written Opinion). Signed by Judge Wilhelmina M. Wright on 7/24/2019. (RJE)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

James P. Shannon,

Case No. 18-cv-0646 (WMW/LIB)
Petitioner,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Minnesota Department of Corrections and
Tom Roy,
Respondents.

This matter is before the Court on the June 4, 2019 Report and Recommendation
(R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 18.) Objections to the
R&R have not been filed in the time period permitted. In the absence of timely objections,
this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s
note to 1983 amendment (“When no timely objection is filed, the court need only satisfy
itself that there is no clear error on the face of the record in order to accept the
recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY
ORDERED:
1.

The June 4, 2019 R&R, (Dkt. 18), is ADOPTED;

2.

Respondents’ motion to dismiss, (Dkt. 14), is GRANTED;

3.

The amended petition of Petitioner James P. Shannon for a writ of habeas

corpus, (Dkt. 6), is DENIED; and

4.

This case is DISMISSED WITHOUT PREJUDICE.

5.

No certificate of appealability shall issue.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 24, 2019

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

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