Philip J. Simon v. Warden M. Cruz, No. 09-2983 (8th Cir. 2010)
Annotate this CaseCourt Description: Prisoner case - habeas. Denial of Section 2241 petition affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2983 ___________ Philip J. Simon, Appellant, v. Warden M. Cruz, Appellee. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: April 7, 2010 Filed: April 12, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Federal inmate Philip J. Simon appeals the district court s1 denial of his petition for a writ of habeas corpus, filed under 28 U.S.C. ยง 2241. Upon de novo review, see Mitchell v. U.S. Parole Comm n, 538 F.3d 948, 951 (8th Cir. 2008) (per curiam), we conclude that habeas relief was properly denied. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.
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