Critt v. Warden, MCF - Rush City
- Laura Provinzino
- 0:24-cv-03828
- U.S. District Court · District of Minnesota
- 1
In Critt v. Warden, Judge Provinzino denied Critt’s petition as too late, adopted the recommendation, and issued no certificate allowing an appeal.
Justin Marshall Critt: his petition was denied as untimely, and no certificate of appealability was issued.
What happened
Critt v. Warden, MCF – Rush City concerned Justin Marshall Critt’s petition for a writ of habeas corpus. Magistrate Judge Leo I. Brisbois recommended dismissing the petition as untimely.
No objections were filed, so the court reviewed the recommendation for clear error. The court found no clear error and adopted the recommendation.
Judge Laura M. Provinzino ordered that Critt’s petition be denied as untimely and that no certificate of appealability be issued. Judgment was entered accordingly.
The detailed version
- Critt v. Warden, MCF - Rush City · No. 0:24-cv-03828
- Laura M. Provinzino
- Mar. 3, 2025
Background
Justin Marshall Critt filed a petition for a writ of habeas corpus. Magistrate Judge Leo I. Brisbois issued a Report and Recommendation concluding that the petition should be dismissed as untimely, meaning filed after the applicable deadline.
Review and Ruling
Critt did not object to the Report and Recommendation within the permitted time. The court therefore reviewed it for clear error, which means an obvious mistake in the magistrate judge’s analysis. Finding no clear error, the court adopted the Report and Recommendation.
The court ordered that Critt’s petition be denied as untimely. It also ordered that no certificate of appealability be issued and directed that judgment be entered.
Classification
This is a procedural order because the court denied the habeas petition as untimely without reaching the petition’s underlying legal claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.