Heurung v. Rardin

Background

Johnny Frederic Heurung filed an amended petition for a writ of habeas corpus against Jared Rardin, Warden. The opinion does not describe the factual basis of Heurung’s claims or the specific relief he requested. A magistrate judge recommended dismissing the matter with prejudice because Heurung was not entitled to relief on his claims.

Review of the Recommendation

Heurung did not object to the magistrate judge’s report and recommendation, and the deadline for objections had passed. The court explained that, without specific objections, it reviews a recommendation only for clear error—a plainly apparent mistake. After reviewing the recommendation, the court found no error, clear or otherwise, in the magistrate judge’s reasoning.

Ruling

Judge Paul A. Magnuson adopted the report and recommendation, denied Heurung’s amended petition for a writ of habeas corpus, and dismissed the matter with prejudice. The court also ordered judgment to be entered. Because the order resolved the matter through review of an unobjected-to recommendation without analyzing the underlying habeas claims, this summary classifies the opinion as a procedural order.