Stewart v. Beltz
Stewart v. Beltz
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Matthew Scott Stewart, Case No. 19-cv-2638 (WMW/TNL) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Tracy Beltz, warden, Respondent.
This matter is before the Court on the March 5, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. The March 5, 2020 R&R, (Dkt. 10), is ADOPTED.
2. Respondent’s motion to dismiss, (Dkt. 5), is GRANTED.
3. Petitioner’s petition for a writ of habeas corpus, (Dkt. 1), is DENIED.
4. This matter is DISMISSED WITH PREJUDICE.
5. No certificate of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: July 22, 2020 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Matthew Scott Stewart, Case No. 19-cv-2638 (WMW/TNL) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Tracy Beltz, warden, Respondent.
This matter is before the Court on the March 5, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. The March 5, 2020 R&R, (Dkt. 10), is ADOPTED.
2. Respondent’s motion to dismiss, (Dkt. 5), is GRANTED.
3. Petitioner’s petition for a writ of habeas corpus, (Dkt. 1), is DENIED.
4. This matter is DISMISSED WITH PREJUDICE.
5. No certificate of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: July 22, 2020 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.