Sompheth P. v. United States
- Katherine Menendez
- 0:24-cv-03849
- U.S. District Court · District of Minnesota
- 2
In Sompheth P. v. United States, Judge Menendez dismissed the habeas case without prejudice for lack of subject-matter jurisdiction.
Sompheth P.’s petition was denied without prejudice, and the case was dismissed without prejudice; the United States of America was the respondent.
What happened
Sompheth P. filed a petition asking for a court order concerning detention or custody, but the opinion does not describe the petition’s underlying claims. A magistrate judge recommended dismissal without prejudice because the court lacked authority to hear those claims.
Sompheth P. did not object to the recommendation. The district court therefore reviewed it for clear error and found none.
Judge Menendez accepted the recommendation, denied the petition without prejudice, and dismissed the case without prejudice. The court did not decide the underlying habeas claims.
The detailed version
- Sompheth P. v. United States · No. 0:24-cv-03849
- Katherine Menendez
- Nov. 20, 2024
Background
Sompheth P. filed a petition for a writ of habeas corpus against the United States of America. The opinion does not describe the petition’s specific claims. United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation dated October 24, 2022, recommending that the matter be dismissed without prejudice because the court lacked subject-matter jurisdiction—the legal power to hear the claims.
Review
Sompheth P. did not object to the Report and Recommendation. Because there were no objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake. The court stated that its review of the recommendation and the record revealed no error.
Ruling
The court accepted the Report and Recommendation, denied Sompheth P.’s habeas petition without prejudice, and dismissed the case without prejudice. The opinion did not reach the merits of the petition’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.