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Kennedy v. United States

United States District Court, D. Minnesota

October 15, 2014

Kevin Joseph Kennedy, Petitioner.
v.
United States of America, Respondent.

ORDER

PAUL A. MAGNUSON, District Judge.

This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Janie S. Mayeron dated August 11, 2014. The R&R recommends denial of the Petition for Writ of Habeas Corpus and of Petitioner's Application to Proceed In Forma Pauperis. Petitioner sought an extension of time in which to file objections to the R&R, and this Court granted him an extension until September 25, 2014. Petitioner has yet to file any objections, however, and the time to do so is now two weeks past.

According to statute, the Court must conduct a de novo review of any portion of the Magistrate Judge's opinion to which specific objections are made. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b); D. Minn. L.R. 72.2(b). Petitioner failed to file objections to the R&R in the time period permitted. The Court therefore ADOPTS the R&R (Docket No. 3) without further discussion.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's application for habeas corpus relief under 28 U.S.C. § 2241 (Docket No. 1) is DENIED; and
2. Petitioner's Application to Proceed In Forma Pauperis (Docket No. 2) is DENIED.

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