Case Information
*1 CASE 0:06-cv-00978-MJD-FLN Document 13 Filed 07/07/06 Page 1 of 2
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________ TIMOTHY J. SHERIDAN,
Petitioner,
v. ORDER
Civil File No. 06-978 (MJD/FLN) R. L. MORRISON, Warden,
Respondent. Timothy Sheridan, pro se.
Tricia A. Tingle, Assistant United States Attorney, Counsel for Respondent. INTRODUCTION
I.
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated May 25, 2006. The Report and Recommendation recommended that Petitioner’s Application for Habeas Corpus Relief under 28 U.S.C. § 2241 be granted in part and denied in part. Petitioner has filed objections to the Report and Recommendation.
Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.1(c). Based on that review the Court adopts the Report and Recommendation dated May 25, 2006 insofar as it recommends denying Petitioner’s immediate assignment to an RRC. Since
1 *2 CASE 0:06-cv-00978-MJD-FLN Document 13 Filed 07/07/06 Page 2 of 2 Petitioner has received the review that Judge Noel recommended, that part of the Report and Recommendation is now moot, and the Court therefore declines to adopt that recommendation.
Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED :
1. The Magistrate Judge’s Report and Recommendation dated May 25,
2006 [Docket No. 10] is hereby ADOPTED IN PART as explained fully in the body of this Order;
2. Petitioner’s Application for Habeas Corpus Relief under 28 U.S.C.
§ 2241 [Docket No. 1] is DENIED AS MOOT IN PART and DENIED IN PART ;
3. Petitioner’s Application is DENIED AS MOOT as to review pursuant
to 18 U.S.C. § 3621(b); 4. Petitioner’s Application is DENIED as to immediate assignment to an
RRC; and 5. This action is SUMMARILY DISMISSED WITH PREJUDICE . s / Michael J. Davis Dated: July 6, 2006 Judge Michael J. Davis United States District Court 2