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.