Jones v. Stenehjem

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 ; granting 13 Motion to Dismiss; and dismissing without prejudice 2 WRIT OF HABEAS CORPUS (State) by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Robert Doyal Jones, Jr.,
Petitioner,
-vsWayne Stenhjem, North Dakota Attorney
General,
Respondent.

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Case No. 3:13-cv-20
ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K.
Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that
Respondent’s motion to dismiss be granted and Petitioner’s petition for habeas relief be
dismissed without prejudice (Doc. #17). No party has objected to the Report within the requisite
time period.
The Court has reviewed the Report and Recommendation, along with the entire file, and
finds the Magistrate Judge’s recommendations are appropriate. Accordingly, the Court hereby
adopts the Report and Recommendation in its entirety. For the reasons set forth therein,
(1)

Respondent’s motion to dismiss is GRANTED (Doc. #13), and

(2)

Petitioner’s petition for writ of habeas corpus is DISMISSED WITHOUT
PREJUDICE (Doc. #2).
IT IS SO ORDERED.
Dated this 18th day of December, 2013.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court