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Peltier v. United States

United States District Court, District of Minnesota

April 16, 2015

STACY LEE PELTIER, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

Stacy Lee Peltier, pro se.

Benjamin F. Langner, UNITED STATES ATTORNEY’S OFFICE, for respondent.

ORDER

PATRICK J. SCHILTZ UNITED STATES DISTRICT JUDGE

Petitioner Stacy Peltier seeks a writ of habeas corpus under 28 U.S.C. § 2241. This matter is before the Court on Peltier’s objection to the March 17, 2015 Report and Recommendation (“R&R”) of Magistrate Judge Hildy Bowbeer. Judge Bowbeer recommends dismissing Peltier’s § 2241 petition for lack of jurisdiction. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court overrules Peltier’s objection and adopts the R&R.

ORDER

Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES petitioner’s objection [ECF No. 14] and ADOPTS the R&R [ECF No. 12]. Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner’s 28 U.S.C. § 2241 petition [ECF No. 1] is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.

2. Petitioner’s motion for bond [ECF No. 11] is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY.


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