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Garner v. Laney

United States District Court, D. North Dakota, Southeastern Division

February 12, 2014

Anthony Craig Garner, Petitioner,
v.
Paul Laney, Sheriff, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, Chief District Judge.

The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636, recommending that Plaintiff's complaint be dismissed without prejudice. Plaintiff has not filed an objection within the prescribed period of time.

The Court has reviewed the Report and Recommendation along with the entire file, and finds the Magistrate Judge's recommendations are appropriate. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff's complaint is DISMISSED without prejudice. Further, the Court certifies that dismissal of the petition is not debatable, reasonably subject to a different outcome on appeal, or otherwise deserving of further proceedings, and any appeal would be frivolous, could not be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ...


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