Ybarra v. Kallis

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION. (See order for details) (Written Opinion) Signed by Judge Wilhelmina M. Wright on 2/17/2021. (RJE)

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CASE 0:20-cv-02091-WMW-LIB Doc. 6 Filed 02/17/21 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jeremiah Ybarra, Case No. 20-cv-2091 (WMW/LIB) Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION v. Warden Kallis, Respondent. This matter is before the Court on the December 2, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 5.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); 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 December 2, 2020 R&R, (Dkt. 5), is ADOPTED. 2. Petitioner Jeremiah Ybarra’s Petition for Writ of Habeas Corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE. 3. Petitioner Jeremiah Ybarra’s application to proceed in forma pauperis, (Dkt. 4), is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 17, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

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