U.S. District Court, District of Minnesota, 2018

Husten v. Smith

Husten v. Smith
U.S. District Court, District of Minnesota · Decided November 29, 2018

Husten v. Smith

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael John Husten, File No. 18-cv-2712 (ECT/SER) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden Michelle Smith, Defendant.

The Court has received the November 1, 2018 Report and Recommendation of United States Magistrate Judge Steven E. Rau. ECF No. 6. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 6] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED; 3. The action is DISMISSED WITH PREJUDICE; and 4. No certificate of appealability be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 29, 2018 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael John Husten, File No. 18-cv-2712 (ECT/SER) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden Michelle Smith, Defendant.

The Court has received the November 1, 2018 Report and Recommendation of United States Magistrate Judge Steven E. Rau. ECF No. 6. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 6] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED; 3. The action is DISMISSED WITH PREJUDICE; and 4. No certificate of appealability be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 29, 2018 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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