Donald v. Hudgins

Filing 21

ORDER granting 12 Motion for Summary Judgment; adopting 20 Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 9/20/18. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
EDWARD DONALD,

4:18-CV-04017-KES

Movant,
vs.
WARDEN HUDGINS, F.P.C. YANKTON;
Respondent.

ORDER ADOPTING REPORT AND
RECOMMENDAITON AND GRANTING
RESPONDENT’S MOTION FOR
SUMMARY JUDGMENT

Movant, Edward Donald, filed a motion under 28 U.S.C. § 2241. Docket
1 & 2. The court referred the motion to Magistrate Judge Veronica Duffy.
Respondents filed a motion to dismiss Donald’s § 2241 petition or alternatively
for summary judgment. Docket 12.
On August 13, 2018, Magistrate Judge Duffy submitted a report and
recommended construing respondent’s motion as a motion for summary
judgment and granting the motion. Docket 20. In the alternative, Magistrate
Judge Duffy recommended granting respondent’s motion to dismiss. Id. The
time for objections has passed and no objections to the report and
recommendation have been filed. The court has considered the case de novo
and adopts the report and recommendation in full. Thus, it is

ORDERED that the magistrate judge’s report and recommendation
(Docket 20) is adopted in full and respondent’s motion for summary judgment
(Docket 12) is granted.
DATED this 20th day of September, 2018.
BY THE COURT:

/s/ Karen E. Schreier

KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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