Collins v. United States
Collins v. United States
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Stephen Collins, Case No. 21-cv-0429 (WMW/DTS) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION U.S.A., Respondent.
Before the Court is the July 30, 2021 Amended Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz. (Dkt. 43.) 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, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The July 30, 2021 R&R, (Dkt. 43), is ADOPTED.
2. Petitioner Stephen Collins’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.1 Habeas cases are not “civil actions” within the meaning of 28 U.S.C. § 1915. See, e.g., Andrews v. King, 398 F.3d 1113, 1122 (9th Cir. 2005) (stating that “the language of § 1915(g) does not encompass habeas petitions and . . . Congress intended § 1915(g) to address civil rights and prison condition cases, not habeas petitions”). Because the Court is not dismissing Collins’s habeas petition for a reason enumerated in Section 1915(g), the dismissal is not a “strike” even if construed as a “civil action.” See 28 U.S.C. § 1915(g).
3. Petitioner Stephen Collins’s motions for summary judgement, (Dkts. 21, 40), are DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 29, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Stephen Collins, Case No. 21-cv-0429 (WMW/DTS) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION U.S.A., Respondent.
Before the Court is the July 30, 2021 Amended Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz. (Dkt. 43.) 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, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The July 30, 2021 R&R, (Dkt. 43), is ADOPTED.
2. Petitioner Stephen Collins’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.1 Habeas cases are not “civil actions” within the meaning of 28 U.S.C. § 1915. See, e.g., Andrews v. King, 398 F.3d 1113, 1122 (9th Cir. 2005) (stating that “the language of § 1915(g) does not encompass habeas petitions and . . . Congress intended § 1915(g) to address civil rights and prison condition cases, not habeas petitions”). Because the Court is not dismissing Collins’s habeas petition for a reason enumerated in Section 1915(g), the dismissal is not a “strike” even if construed as a “civil action.” See 28 U.S.C. § 1915(g).
3. Petitioner Stephen Collins’s motions for summary judgement, (Dkts. 21, 40), are DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 29, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.