SPEARS v. RED LAKE BAND OF CHIPPEWA INDIANS

No. 03-CV-2434(JMR)(JSM).

363 F.Supp.2d 1176 (2005)

Rodney D. SPEARS, Sr., v. RED LAKE BAND OF CHIPPEWA INDIANS.

United States District Court, D. Minnesota.

March 30, 2005.


Attorney(s) appearing for the Case

Katherine Menendez, Federal Public Defender, Minneapolis, MN, for Rodney Dean Spears, Sr.

Bridgid E. Dowdal, Dowdal & Dowdal, White Bear Lake, MN, Joseph M. Plumer, Plumer Law Office, Bemidji, MN, for Red Lake Band of Chippewa Indians.


ORDER

ROSENBAUM, Chief Judge.

Rodney Spears petitions for a writ of habeas corpus. This matter was originally heard by a United States Magistrate Judge on May 25, 2004, who recommended denying the petition. Mr. Spears timely objected to the Report and Recommendation pursuant to Local Rule 72.1(c)(2). After a de novo review, the Court declines to adopt the Report and Recommendation. The petition is hereby granted.

I. Factual Background<...

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