Stewart v. Cruz - Document 28

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________________ Darrin Stewart, Petitioner, ORDER v. M. Cruz, Warden of FPC Duluth, Respondent. ______________________________________________________________________________ This matter is before the Court on the May 4, 2009, Report and Recommendation (R&R) of United States Magistrate Judge Susan Richard Nelson and Petitioner's Objections thereto. The Court has conducted a de novo review of the R&R and Petitioner's Objections and is satisfied that Judge Nelson's recommended disposition is fully supported by the record before her and controlling legal authorities. Accordingly, IT IS ORDERED: 1. Petitioner's Objections (Doc. No. 26) are OVERRULED; 2. The Report and Recommendation (Doc. No. 25) is ADOPTED; and 3. The Petition for Habeas Corpus Relief (Doc. No. 1) is DENIED and this action is DISMISSED WITH PREJUDICE. Dated: June 8, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Civil No. 08-6085 (RHK/SRN)