United States District Court, D. North Dakota, Southeastern Division
September 2, 2014
Mitchell David Holbach, Petitioner,
Maggie Anderson, Executive Director of the North Dakota Department of Human Services, and Alex C. Schweitzer, Administrator of the North Dakota State Hospital, Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATIONS
RALPH R. ERICKSON, Chief District Judge.
On August 19, 2014, the undersigned received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Holbach's challenges to his previous convictions be dismissed without prejudice; that Holbach's claims challenging the conditions of his confinement be dismissed without prejudice; that Respondents' motion to dismiss be granted; that Holbach's motions for an evidentiary hearing, to expand the record, for injunctive relief, and for removal be denied; and that Holbach's petition for habeas relief be dismissed without prejudice. Holbach has filed an objection to the Report and Recommendation.
The undersigned has conducted a de novo review of Holbach's objections and finds they lack merit. In addition, the undersigned has reviewed the Report and Recommendation, along with the entire file, and finds that the Magistrate Judge's analysis is correct. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Respondents' motion to dismiss is GRANTED; Holbach's motions for an evidentiary hearing, to expand the record, for injunctive relief, and for removal from state court to federal court are DENIED; Holbach's petition for habeas relief is hereby DISMISSED without prejudice.
Based upon the entire record before the Court, dismissal of the motion is not debatable, reasonably subject to a different outcome on appeal, or otherwise deserving of further proceedings. The Court finds that any appeal would be frivolous, could not be taken in good faith, and may not be taken in forma pauperis. Holbach's motion for leave to appeal in forma pauperis  is DENIED.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.