Rupprecht v. Braun

Filing 19

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS; denying Respondent's 10 Motion to Dismiss; granting Petitioner's 16 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
Brandon Lee Rupprecht,
Petitioner,
-vs-

Case No. 3:16-cv-26
ORDER ADOPTING REPORT AND
RECOMMENDATION

Colby Braun, Warden,
Respondent.
The court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that
Brandon Lee Rupprecht’s habeas petition be dismissed without prejudice.1
The court, having reviewed the Report and Recommendation and the entire file,
finds the magistrate judge’s analysis is appropriate. The court hereby ADOPTS the Report
and Recommendation in its entirety. For the reasons set forth therein, Respondent’s
motion to dismiss2 is DENIED. Rupprecht’s motion to dismiss3 is GRANTED and his
habeas petition is DISMISSED without prejudice.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 8th day of August, 2016.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

1

Doc. #18.

2

Doc. #10.

3

Doc. #16.