McCarty v. Marques

Filing 22

ORDER ADOPTING the 21 Report and Recommendation, DENYING the 1 Petition for Writ of Habeas Corpus as moot, DENYING the 3 Emergency Motion to Expedite Consideration of 2241 Petition as moot, and DISMISSING the action without prejudice. Signed by Judge Eric C. Tostrud on 1/23/2019. (RMM) Modified text on 1/23/2019 (RMM).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Brian McCarty,

File No. 18-cv-00791 (ECT/KMM)

Petitioner,
v.

ORDER ACCEPTING REPORT
AND RECOMMENDATION

Warden R. Marques,
Respondent.
________________________________________________________________________
The Court has received the January 4, 2019 Report and Recommendation of United
States Magistrate Judge Katherine Menendez. ECF No. 21. 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. 21] is ACCEPTED;

2.

The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as moot;

3.

The Emergency Motion to Expedite Consideration of 2241 Petition [ECF
No. 3] is DENIED as moot; and

4.

The action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 23, 2019

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