Rodger D. Robb v. Michael O'Keefe

U.S. Court of Appeals for the Eighth Circuit January 6, 2004

Rodger D. Robb v. Michael O'Keefe, 84 F. App'x 725 (8th Cir. 2004)

Opinion

PER CURIAM.

Rodger Dean Robb appeals the district court’s 1 order denying his 28 U.S.C. § 2254 petition challenging his commitment under Minnesota’s Sexually Dangerous Person (SDP) Act, Minn.Stat. §§ 253B.02, subd. 18c, 253B.185 (2002). The district court granted Robb a certificate of appealability on whether Minnesota’s “lack of adequate control” standard comports with constitutional requirements. The constitutionality of Minnesota’s SDP Act was recently upheld in Linehan v. Milczark, 315 F.3d 920, 927-28 (8th Cir. 2003). Accordingly, we affirm. See 8th Cir. R. 47B. We deny appellee’s pending motion.

. The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jonathan G. Lebedoff, United States Magistrate Judge for the District of Minnesota.

Reference

Full Case Name: Rodger Dean ROBB, Appellant, v. Michael O’KEEFE, Commissioner, Minnesota Department of Health and Human Services, Appellee
Status: Unpublished