U.S. District Court, District of Minnesota, 2021

Ybarra v. Kallis

Ybarra v. Kallis
U.S. District Court, District of Minnesota · Decided October 27, 2021 · No. 0:21-cv-01846
Ybarra v. Kallis

Trial Court Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA Jeremiah Ybarra, Case No. 21-cv-1846 (WMW/HB)

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION

Warden Kallis,

Respondent.

Before the Court is the August 30, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 4.) No objections to the R&R were 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, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The August 30, 2021 R&R, (Dkt. 4), is ADOPTED.

2. Petitioner Jeremiah Ybarra’s application to proceed in forma pauperis, (Dkt. 3), is DENIED as moot.

3. Petitioner Jeremiah Ybarra’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 27, 2021 s/Wilhelmina M. Wright

Wilhelmina M. Wright

United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA Jeremiah Ybarra, Case No. 21-cv-1846 (WMW/HB)

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION

Warden Kallis,

Respondent.

Before the Court is the August 30, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 4.) No objections to the R&R were 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, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The August 30, 2021 R&R, (Dkt. 4), is ADOPTED.

2. Petitioner Jeremiah Ybarra’s application to proceed in forma pauperis, (Dkt. 3), is DENIED as moot.

3. Petitioner Jeremiah Ybarra’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 27, 2021 s/Wilhelmina M. Wright

Wilhelmina M. Wright

United States District Judge

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