Stanko v. Rios et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendation. this case is dismissed with prejudice (Written Opinion). Signed by Judge Joan N. Ericksen on May 8, 2009. (slf)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Rudy Stanko, Petitioner, v. Ricardo Rios, Michael K. Nelley, and Harley Lappin, Respondents. This case is before the Court on a Report and Recommendation issued by the Honorable Jeanne J. Graham, United States Magistrate Judge, on March 31, 2009. The magistrate judge recommended that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (2006) be denied, that this litigation be dismissed, and that judgment be entered. Petitioner objected. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation. Therefore, IT IS ORDERED THAT: 1. 2. Petitioner's petition for writ of habeas corpus [Docket No. 1] is DENIED. This case is DISMISSED WITH PREJUDICE. Civil No. 08-4991 (JNE/JJG) ORDER LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 8, 2009 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge

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