Citation Codes Equivalent Citations citation codes Docket Number Civil No. 09-2049 (PJS/SRN). Motions Motion to dismiss : Denied Attorney(S) Michael Allen Shepersky, Minnesota Correctional Facility, 1101 Linden Lane, Faribault, Minnesota 55021, Pro Se. Russell Conrow, Lake County Attorney, Lake County Attorney's Office, 601 3rd , Two Harbors, Minnesota 55616, for Defendant Judges Patrick Joseph Schiltz See more information ... Smart Summary Please sign up to generate summary. Michael Allen Shepersky, Petitioner, v. Timothy Wengler, Warden, Defendant. ORDER PATRICK SCHILTZ, District Judge The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Doc. No. 4) is DENIED.