Nugent v. Marques
- Wilhelmina Wright
- 0:18-cv-00827
- U.S. District Court · District of Minnesota
- 2
In Nugent v. Marques, Judge Wright denied Nugent’s petition and dismissed the action without prejudice because the court lacked subject-matter jurisdiction.
LuckyBill Nugent’s petition was denied, and his action was dismissed without prejudice; the order resolved the action based on the court’s lack of subject-matter jurisdiction.
What happened
Nugent v. Marques concerns LuckyBill Nugent’s petition for a writ of habeas corpus against Warden R. Marques. A magistrate judge recommended dismissing the action after determining that the court lacked authority to hear Nugent’s claims.
Neither side filed objections to the recommendation. Judge Wright therefore reviewed it for clear error and found none in the determination that the court lacked subject-matter jurisdiction.
Judge Wright adopted the recommendation as modified, denied Nugent’s petition, and dismissed the action without prejudice. The court changed the recommendation’s proposed dismissal with prejudice because the court lacked subject-matter jurisdiction.
The detailed version
- Nugent v. Marques · No. 0:18-cv-00827
- Wilhelmina Wright
- Aug. 1, 2018
Background
LuckyBill Nugent filed a petition for a writ of habeas corpus against Warden R. Marques. The court considered a June 8, 2018 report and recommendation by United States Magistrate Judge Leo I. Brisbois.
Report and Recommendation
The report and recommendation concluded that the court lacked subject-matter jurisdiction, meaning it lacked legal authority to decide Nugent’s claims. It recommended dismissing the action with prejudice. No objections were filed.
Because there were no timely objections, Judge Wright reviewed the recommendation for clear error. The court found no clear error in the conclusion that it lacked subject-matter jurisdiction.
Ruling and Disposition
Judge Wright adopted the report and recommendation as modified. The court modified the recommended disposition because a case dismissed for lack of subject-matter jurisdiction must be dismissed without prejudice. The court denied Nugent’s petition and dismissed the action without prejudice. Judgment was ordered to be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.