Traylor v. Stenseth

U.S. District Court, District of Minnesota

Traylor v. Stenseth

Trial Court Opinion

                  UNITED STATES DISTRICT COURT                            
                     DISTRICT OF MINNESOTA                                


Raymond Joseph Traylor, Sr.,           File No. 24-cv-470 (ECT/DTS)        

         Petitioner,                                                      

v.                                   ORDER ACCEPTING REPORT                
                                      AND RECOMMENDATION                  
Lisa  Stenseth,  Warden  MCF  Rush  City                                   
Minnesota,                                                                 

         Respondent.                                                      
________________________________________________________________________  
    Magistrate  Judge  David  T.  Schultz  issued  a  Report  and  Recommendation  on 
February 28, 2024.  ECF No. 5.  No party has objected to that Report and Recommendation, 
and it is therefore reviewed 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 ORDERED THAT:  
    1.   The Report and Recommendation [ECF No. 5] is ACCEPTED;           
    2.   This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; 
and                                                                        
    3.   No certificate of appealability shall issue.                     
            LET JUDGMENT BE ENTERED ACCORDINGLY.                          
Dated:  March 27, 2024        s/ Eric C. Tostrud                           
                             Eric C. Tostrud                              
                             United States District Court                 

Trial Court Opinion

                  UNITED STATES DISTRICT COURT                            
                     DISTRICT OF MINNESOTA                                


Raymond Joseph Traylor, Sr.,           File No. 24-cv-470 (ECT/DTS)        

         Petitioner,                                                      

v.                                   ORDER ACCEPTING REPORT                
                                      AND RECOMMENDATION                  
Lisa  Stenseth,  Warden  MCF  Rush  City                                   
Minnesota,                                                                 

         Respondent.                                                      
________________________________________________________________________  
    Magistrate  Judge  David  T.  Schultz  issued  a  Report  and  Recommendation  on 
February 28, 2024.  ECF No. 5.  No party has objected to that Report and Recommendation, 
and it is therefore reviewed 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 ORDERED THAT:  
    1.   The Report and Recommendation [ECF No. 5] is ACCEPTED;           
    2.   This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; 
and                                                                        
    3.   No certificate of appealability shall issue.                     
            LET JUDGMENT BE ENTERED ACCORDINGLY.                          
Dated:  March 27, 2024        s/ Eric C. Tostrud                           
                             Eric C. Tostrud                              
                             United States District Court                 

Reference

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