Kostelec v. Willis

Filing 5

ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 6/10/2014. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DAVID A. KOSTELEC,
Petitioner,
vs.
J.S. WILLIS, Warden,
Respondent.

)
Civ. 14-4051-KES
)
)
) ORDER ADOPTING REPORT AND
) RECOMMENDATION AND DENYING
) PETITION FOR WRIT OF HABEAS
)
CORPUS
)
)

Petitioner, David A. Kostelec, filed a petition for relief under 28 U.S.C.
§ 2241 on April 8, 2014. Docket 1. This court referred the petition to United
States Magistrate Judge John E. Simko pursuant to 28 U.S.C. § 636(b)(1)(B)
for the purposes of conducting any necessary hearings and issuing a report
and recommendation for the disposition of Kostelec’s § 2241 petition. On
May 20, 2014, Magistrate Judge Simko issued a report and recommendation
finding that the subject matter of Kostelec’s petition was “outside the
boundaries of relief which may be sought through a § 2241 Petition.” Docket 4
at 3. Moreover, Judge Simko found that Kostelec failed to maintain his burden
to show a remedy under § 2255 is inadequate or ineffective and therefore, this
court is without jurisdiction to entertain his § 22241 claims. Id. at 6.
No objections to the report and recommendation were filed pursuant to
28 U.S.C. § 636(b)(1), and the time for filing objections has passed. The court

has considered the case de novo. Kostelec has not objected to the report and
recommendation. Therefore, it is
ORDERED that the report and recommendation of Magistrate Judge
Simko (Docket 4) is adopted in its entirety. This case is dismissed.
Dated June 10, 2014.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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