Shannon v. Minnesota Department of Corrections
- Wilhelmina Wright
- 0:18-cv-00646
- U.S. District Court · District of Minnesota
- 2
In Shannon v. Minnesota Department of Corrections, Judge Wright adopted a recommendation, granted respondents’ motion to dismiss, denied Shannon’s amended petition, and dismissed the case without prejudice.
James P. Shannon’s amended petition was denied, and his case was dismissed without prejudice. The Minnesota Department of Corrections and Tom Roy obtained dismissal of their motion.
What happened
James P. Shannon filed an amended petition, and the Minnesota Department of Corrections and Tom Roy moved to dismiss it. A magistrate judge issued a report and recommendation on June 4, 2019.
No timely objections were filed. The court therefore reviewed the report for clear error, meaning an obvious mistake in the record, and found none.
Judge Wilhelmina M. Wright adopted the report and recommendation, granted the respondents’ motion to dismiss, denied Shannon’s amended petition, and dismissed the case without prejudice. The court also stated that no certificate of appealability would issue.
The detailed version
- Shannon v. Minnesota Department of Corrections · No. 0:18-cv-00646
- Wilhelmina Wright
- July 24, 2019
Background
James P. Shannon filed an amended petition for a writ of habeas corpus. The Minnesota Department of Corrections and Tom Roy filed a motion to dismiss. United States Magistrate Judge Leo I. Brisbois issued a report and recommendation on June 4, 2019.
Review of the Recommendation
No timely objections to the report and recommendation were filed. Under the applicable review standard, the district court reviewed the recommendation for clear error on the face of the record. The court stated that it had reviewed the recommendation and found no clear error. The opinion does not describe the underlying claims or explain the recommendation’s reasoning.
Ruling
The court adopted the June 4, 2019 report and recommendation. It granted the respondents’ motion to dismiss, denied Shannon’s amended petition, and dismissed the case without prejudice. The court also ordered that no certificate of appealability issue. Because the order adopted the recommendation without addressing the merits of the petition, this is classified as a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.