Garner v. Laney

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS and dismissing without prejudice 3 WRIT OF HABEAS CORPUS (General) by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Anthony Craig Garner,
Petitioner,
-vsPaul Laney, Sheriff,
Respondent.

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Case No. 3:13-cv-100
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
Plaintiff’s complaint be dismissed without prejudice. Plaintiff has not filed an objection within
the prescribed period of time.
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,
Plaintiff’s complaint is DISMISSED without prejudice. Further, the Court certifies that
dismissal of the petition is not debatable, reasonably subject to a different outcome on appeal, or
otherwise deserving of further proceedings, and any appeal would be frivolous, could not be
taken in good faith, and may not be taken in forma pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 12th day of February, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court