Boe v. Clay County Sheriff Office

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EDWARD BANKEY BOE, Case No. 25-CV-3005 (NEB/LIB)

Petitioner,

v. ORDER ACCEPTING REPORT AND RECOMMENDATION CLAY COUNTY SHERIFF OFFICE,

Respondent.

The Court has received the September 3, 2025 Report and Recommendation of United States Magistrate Judge Leo I. Brisbois. (ECF No. 3.) No party has objected to that Report and Recommendation, and the Court therefore reviews it 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 the files, records, and proceedings in the above- captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (ECF No. 3) is ACCEPTED;

2. The Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED without prejudice;

3. The action is DISMISSED;

4. The application for in forma pauperis status (ECF No. 2) is DENIED as moot; and

5. No certificate of appealability be issued. LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 6, 2025 BY THE COURT:

s/Nancy E. Brasel Nancy E. Brasel United States District Judge