Husten v. Schnell ( 2021 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael John Husten, File No. 21-cv-01722 (ECT/JFD) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Paul Schnell, Commissioner - Minnesota Department of Corrections, and Roy Bosch, Warden - Stillwater State Prison, Respondents. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on November 3, 2021. ECF No. 19. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 19] is ACCEPTED; 2. The Petition for Habeas Corpus Order, for a Compassionate-Release from Incarceration [ECF No. 1] is DENIED; 3. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; and 4. No certificate of appealability is issued. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: December 3, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court