Holbach v. Anderson et al

Filing 32

ORDER ADOPTING 24 REPORT AND RECOMMENDATIONS; denying 29 Motion for Leave to Appeal in forma pauperis; denying 7 Motion for Injunctive Relief; denying 8 Motion for removal from state court to federal court; granting 10 Motion to Dismiss; denying 18 Motion for Hearing; denying 19 Motion to Expand the Record; adopting 24 Report and Recommendations; dismissing without prejudice 2 WRIT OF HABEAS CORPUS by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Mitchell David Holbach,
Petitioner,
Case No. 3:14-cv-06
-vsORDER ADOPTING REPORT AND
RECOMMENDATIONS

Maggie Anderson, Executive Director of
the North Dakota Department of
Human Services, and Alex C.
Schweitzer, Administrator of the North
Dakota State Hospital,
Respondents.

On August 19, 2014, the undersigned received a Report and Recommendation
from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28
U.S.C. § 636, recommending that Holbach’s challenges to his previous convictions be
dismissed without prejudice; that Holbach’s claims challenging the conditions of his
confinement be dismissed without prejudice; that Respondents’ motion to dismiss be
granted; that Holbach’s motions for an evidentiary hearing, to expand the record, for
injunctive relief, and for removal be denied; and that Holbach’s petition for habeas relief
be dismissed without prejudice1. Holbach has filed an objection to the Report and
Recommendation.2
The undersigned has conducted a de novo review of Holbach’s objections and
finds they lack merit. In addition, the undersigned has reviewed the Report and
Recommendation, along with the entire file, and finds that the Magistrate Judge’s
analysis is correct. Accordingly, the Court hereby adopts the Report and
1

Doc. #24.

2

Doc. #26.

1

Recommendation in its entirety. For the reasons set forth therein, Respondents’ motion
to dismiss3 is GRANTED; Holbach’s motions for an evidentiary hearing4, to expand the
record5, for injunctive relief6, and for removal from state court to federal court7 are
DENIED; Holbach’s petition for habeas relief is hereby DISMISSED without
prejudice.
Based upon the entire record before the Court, dismissal of the motion is not
debatable, reasonably subject to a different outcome on appeal, or otherwise deserving
of further proceedings. The Court finds that any appeal would be frivolous, could not be
taken in good faith, and may not be taken in forma pauperis. Holbach’s motion for
leave to appeal in forma pauperis8 is DENIED.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 2nd day of September, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

3

Doc. #10.

4

Doc. #18.

5

Doc. #19.

6

Doc. #7.

7

Doc. #8.

8

Doc. #29.

2