govinfo:USCOURTS-mnd-0_26-cv-02151-1

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA 
 
 
EARNEST LEE PITTMAN, JR.,  
 
  Petitioner,  
 
v.           ORDER ADOPTING REPORT  
                    AND RECOMMENDATION 
              Civil File No. 26-2151 (MJD/DTS) 
      
FEDERAL BUREAU OF PRISONS,  
FMC ROCHESTER, JARED RARDIN, 
 
  Respondents. 
 
 
Earnest Lee Pittman, Jr., pro se. 
David W. Fuller, Lucas B. Draisey, Assistant United States Attorneys, for 
Respondents. 
 
 
The above-entitled matter comes before the Court upon the Report and 
Recommendation of United States Magistrate Judge David T. Schultz dated May 
26, 2026, recommending that the Court deny Petitioner’s petition for a writ of 
habeas corpus.  Petitioner has filed objections to the Report and 
Recommendation. (Doc. 12.)    
CASE 0:26-cv-02151-MJD-DTS     Doc. 13     Filed 06/16/26     Page 1 of 2
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Pursuant to statute, the Court has conducted a de novo review upon the 
record.  28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b).  Based upon that review, the 
Court overrules Petitioner’s objections and adopts the May 26, 2026 Report and 
Recommendation of Magistrate Judge Schultz. 
Accordingly, based upon the files, records, and proceedings herein, IT IS 
HEREBY ORDERED:  
1. The Court ADOPTS the Report and Recommendation of United States 
Magistrate Judge David T. Schultz dated May 26, 2026, [Doc. 10];  
 
2. Petitioner Earnest Lee Pittman, Jr.’s Petition for Writ of Habeas Corpus 
[Doc. 1] is DENIED; 
  
3. Petitioner Earnest Lee Pittman, Jr.’s Application to Proceed In Forma 
Pauperis [Doc. 2] is DENIED as moot; 
 
4. Petitioner Earnest Lee Pittman, Jr.’s Motion to Sua Sponte Refine the 
Caption & Request to Withdraw Motion to Seal Documents [Doc. 4] is 
DENIED as moot; 
 
5. Petitioner Earnest Lee Pittman, Jr.’s Requests to Submit Additional 
Exhibits [Docs. 7, 11] are DENIED as moot; and 
 
6. This action is DISMISSED without prejudice. 
 
LET JUDGMENT BE ENTERED ACCORDINGLY. 
Dated:   June 16, 2026     s/Michael J. Davis     
      Michael J. Davis  
      United States District Court   
 
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