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Gill v. Rieser

United States District Court, Eighth Circuit

August 6, 2013

Lee Gill, Petitioner,
v.
Bruce Rieser, Warden, Respondent.

REPORT AND RECOMMENDATION

JEANNE J. GRAHAM, Magistrate Judge.

This matter is before the Court on Respondent Bruce Rieser's Motion to Dismiss Petition for Writ of Habeas Corpus (ECF No. 11). Respondent's motion seeks to dismiss the petition only to the extent it names Minnesota Attorney General Lori Swanson as a party because the Court lacks jurisdiction over Attorney General Swanson.

The Petition in this matter did not actually name Attorney General Swanson as a respondent. It clearly names "Bruce Rieser, Warden, " as Respondent. Attorney General Swanson is included only as counsel for Rieser. Likewise, the Court's Case Management/Electronic Case Filing system does not list Attorney General Swanson as a respondent. Accordingly, the Court recommends this motion be denied as moot.[1]

I. Recommendation

Based on all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that Respondent Bruce Rieser's Motion to Dismiss (ECF No. 11) be DENIED AS MOOT.


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