Afeing Z. S. v. Secretary Homeland Security
- Wilhelmina Wright
- 0:18-cv-03139
- U.S. District Court · District of Minnesota
- 2
In Afeing Z. S. v. Secretary Homeland Security, Judge Wright dismissed the habeas petition without prejudice after adopting an unobjected-to recommendation.
Afeing Z. S.’s petition was dismissed without prejudice; the named defendants were affected by the court’s adoption of the recommendation and substitution of William Barr for Jefferson Sessions.
What happened
Afeing Z. S. asked the District of Minnesota to grant a petition for a writ of habeas corpus. The court considered a magistrate judge’s recommendation addressing the petition.
No timely objections to the recommendation were filed. The court therefore reviewed it for clear error and found none. The order does not describe or decide the petition’s underlying claims.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Afeing Z. S.’s petition without prejudice, meaning the dismissal did not bar refiling. The court also substituted Attorney General William Barr for former Attorney General Jefferson Sessions.
The detailed version
- Afeing Z. S. v. Secretary Homeland Security · No. 0:18-cv-03139
- Wilhelmina Wright
- July 1, 2019
Background
Afeing Z. S. filed a petition for a writ of habeas corpus, a court request for habeas relief, against the Secretary Homeland Security, William Barr, Scott Baniecke, and Kurt Freitag. The matter came before the district court on an April 25, 2019 Report and Recommendation by United States Magistrate Judge Steven E. Rau.
Court’s Review
No objections to the Report and Recommendation were filed within the permitted period. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. After reviewing the recommendation and the case materials, the court found no clear error. The opinion does not provide a merits analysis of the petition’s underlying claims.
Ruling
Judge Wilhelmina M. Wright adopted the April 25, 2019 Report and Recommendation. The court dismissed Afeing Z. S.’s petition for a writ of habeas corpus without prejudice. The court also substituted Attorney General William Barr for former Attorney General Jefferson Sessions under the rule providing for substitution when a public officer’s successor takes office.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.