Davalos v. Marques

Filing 12

ORDER ADOPTING The Report and Recommendation 11 ; DENYING Petitioner Oscar Javier Davaloss Petition For Writ Of Habeas Corpus 1 and Motion Pursuant To Title 28 U.S.C. § 2241 2 ; and DISMISSING this action WITH PREJUDICE. Signed by Judge Eric C. Tostrud on 11/1/2018. (RMM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Oscar Javier Davalos,

File No. 18-cv-1227 (ECT/ECW)

Petitioner,
v.
ORDER ACCEPTING REPORT
AND RECOMMENDATION

R. Marques,
Respondent.

The Court has received the October 3, 2018 Report and Recommendation of United
States Magistrate Judge Elizabeth Cowan Wright. ECF No. 11. 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. 11] is ACCEPTED;

2.

Petitioner Oscar Javier Davalos’s Petition For Writ Of Habeas Corpus [ECF

No. 1] and Motion Pursuant To Title 28 U.S.C. § 2241 [ECF No. 2] are DENIED; and
3.

This action is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 1, 2018

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