Citation Codes Equivalent Citations citation codes Docket Number Civil No. 10-2088 (JRT/TNL). Advocates Ramon Hernandez-Pacheco, #19068-045 K1, FCI Sandstone, Sandstone, MN, pro se Gregory Brooker, OFFICE OF THE UNITED STATES ATTORNEY, Minneapolis, MN, for Judges John R. Tunheim Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Power To Grant Writ See more information ... Smart Summary Please sign up to generate summary. RAMON HERNANDEZ-PACHECO, Petitioner, v. SCOTT PETER FISHER, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION JOHN TUNHEIM, District Judge The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Tony N. Leung, dated September 12, 2011. Based upon the Report and Recommendation of the Magistrate Judge [Docket No. 12], and all of the files, records and proceedings herein, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Petitioner's motion to strike is DENIED; 2. Petitioner's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody (Docket No. 1) is DENIED; 3. This action is DISMISSED WITHOUT PREJUDICE for Petitioner to exhaust his administrative remedies; and 4. The certificate of appealability is DENIED.