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16-102 - Nissalke v. Benson et al


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16-102 - Nissalke v. Benson et al
July 15, 2016
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REPORT AND RECOMMENDATION recommends 14 MOTION to Dismiss/General filed by Jack Willis Nissalke be DENIED, recommends 1 Petition for Writ of Habeas Corpus, filed by Jack Willis Nissalke be DISMISSED WITH PREJUDICE, recommends 11 MOTION to Dismiss/General filed by Jim Benson be GRANTED, recommends 8 MOTION to Dismiss for Lack of Jurisdiction filed by Lori Swanson be GRANTED. Signed by Magistrate Judge Tony N. Leung on 7/15/16. cc: Nissalke. (JDF)
August 22, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED 17; 2. Respondent Minnesota Attorney General's Motion to Dismiss is GRANTED 8; 3. Respondent Jim Benson's Motion to Dismiss is GRANTED 11; 4. Petitioner's Motion to Dismiss is DENIED 14; 5. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice 1; and 6. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by The Hon. Paul A. Magnuson on 08/22/2016. (LLM) cc: Petitioner on 8/22/2016 (LPH).