Montano v. King
- Jeffrey Bryan
- 0:24-cv-00324
- U.S. District Court · District of Minnesota
- 2
In Montano v. King, Judge Bryan denied Montano’s habeas petition because a final removal order made him ineligible for requested relief and dismissed the action without prejudice.
Felix Aguirre Montano’s petition was denied, and his action was dismissed without prejudice; Mark King prevailed on the petition.
What happened
In Felix Aguirre Montano v. Mark King, Montano asked the court for habeas relief. He represented himself, while King was represented by the United States Attorney’s Office.
A magistrate judge recommended denying the petition because Montano was subject to a final removal order and therefore was not eligible for the relief he sought. Neither party objected to that recommendation.
The court found no clear error, adopted the recommendation, denied Montano’s amended petition, and dismissed the action without prejudice. Judge Jeffrey M. Bryan signed the order.
The detailed version
- Montano v. King · No. 0:24-cv-00324
- Jeffrey M. Bryan
- Nov. 22, 2024
Background
Felix Aguirre Montano filed an amended petition seeking a writ of habeas corpus. Montano represented himself. Mark King was represented by attorneys from the United States Attorney’s Office.
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation recommending that the petition be denied because Montano was subject to a final removal order and therefore was ineligible for the relief he requested. Neither party filed an objection, and the deadline for objections had passed.
Court’s Review and Ruling
Because no timely objections were filed, the court reviewed the Report and Recommendation for clear error. The court found no clear error and adopted the recommendation.
The order denied Montano’s amended petition for a writ of habeas corpus and dismissed the action without prejudice. Judge Jeffrey M. Bryan entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.