McBroom v. Minnesota Correctional Facility - Oak Park Heights, 16-CV-0740 (PAM/SER). (2016)
Court: District Court, D. Minnesota
Number: infdco20160519d39
Visitors: 8
Filed: Apr. 26, 2016
Latest Update: Apr. 26, 2016
Summary: REPORT AND RECOMMENDATION STEVEN E. RAU , Magistrate Judge . Petitioner James David McBroom has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the legality of a loss of 105 days of good time credits. ECF No. 1. On April 15, 2016, McBroom filed a "Notice of Motion and Motion in Regards to Relief Requested in the Habeas Corpus Petition and Memorandum of Law Presently Before This Court." ECF No. 4, 6. The motion and memo supplement McBrooms's habeas corp
Summary: REPORT AND RECOMMENDATION STEVEN E. RAU , Magistrate Judge . Petitioner James David McBroom has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the legality of a loss of 105 days of good time credits. ECF No. 1. On April 15, 2016, McBroom filed a "Notice of Motion and Motion in Regards to Relief Requested in the Habeas Corpus Petition and Memorandum of Law Presently Before This Court." ECF No. 4, 6. The motion and memo supplement McBrooms's habeas corpu..
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REPORT AND RECOMMENDATION
STEVEN E. RAU, Magistrate Judge.
Petitioner James David McBroom has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the legality of a loss of 105 days of good time credits. ECF No. 1.
On April 15, 2016, McBroom filed a "Notice of Motion and Motion in Regards to Relief Requested in the Habeas Corpus Petition and Memorandum of Law Presently Before This Court." ECF No. 4, 6. The motion and memo supplement McBrooms's habeas corpus petition (ECF No. 1) and an additional motion was unnecessary. The motion is therefore denied without prejudice but the memorandum of law filed with the motion will be considered part of McBroom's habeas petition. Respondents are directed to answer McBroom's petition in a separate Order.
RECOMMENDATION
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT Plaintiff McBroom's "Notice of Motion and Motion in Regards to Relief Requested in the Habeas Corpus Petition and Memorandum of Law Presently Before this Court" (ECF No. 4) be DENIED WITHOUT PREJUDICE.
Source: Leagle
