Khdeer v. Paul
- Eric Tostrud
- 0:18-cv-02112
- U.S. District Court · District of Minnesota
- 1
In Khdeer v. Paul, Judge Tostrud accepted the recommendation, dismissed the detention challenge for lack of jurisdiction, alternatively denied it on the merits, and dismissed the action with prejudice.
Mazen Khdeer’s petition and action were dismissed with prejudice; Warden David Paul was the respondent.
What happened
In Khdeer v. Paul, Mazen Khdeer challenged his detention by filing a petition for a court order concerning custody. The opinion does not describe the petition’s underlying claims or arguments.
No party objected to the magistrate judge’s recommendation. The court therefore reviewed it for clear error and found none.
Judge Eric C. Tostrud accepted the recommendation, dismissed the petition for lack of subject-matter jurisdiction, or alternatively denied it on the merits, and dismissed the action with prejudice. The court ordered judgment to be entered.
The detailed version
- Khdeer v. Paul · No. 0:18-cv-02112
- Eric Tostrud
- Jan. 2, 2019
Background
Mazen Khdeer filed a petition for a writ of habeas corpus. The opinion provided does not include the petition’s factual allegations, legal claims, or the reasoning in the magistrate judge’s underlying Report and Recommendation.
Review of the Recommendation
The court received a November 29, 2018 Report and Recommendation from United States Magistrate Judge Becky R. Thorson. Because no party objected, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error.
Ruling
The court accepted the Report and Recommendation. It dismissed Khdeer’s petition for lack of subject-matter jurisdiction, meaning the court determined it lacked authority to decide the petition. Alternatively, the court denied the petition on the merits. The court also dismissed the action with prejudice and ordered judgment to be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.