Nnodi H. v. Secretary Homeland Security
- Eric Tostrud
- 0:18-cv-01986
- U.S. District Court · District of Minnesota
- 2
In Nnodi H. v. McAleenan, Judge Tostrud denied the habeas petition as moot and dismissed the action without prejudice for lack of jurisdiction.
Nnodi H.; the action was dismissed without prejudice, and the petition was denied as moot.
What happened
Nnodi H. v. McAleenan involved a petition asking for a court order concerning detention. The opinion does not describe the petition’s underlying facts or legal arguments.
The court reviewed a magistrate judge’s recommended decision because no party objected. It found no clear error in that recommendation.
Judge Eric C. Tostrud accepted the recommendation, denied the petition as moot, and dismissed the action without prejudice for lack of subject-matter jurisdiction.
The detailed version
- Nnodi H. v. Secretary Homeland Security · No. 0:18-cv-01986
- Eric Tostrud
- July 25, 2019
Background
Nnodi H. filed a petition for a writ of habeas corpus, a request for a court order addressing the petitioner’s detention or custody. The opinion does not describe the underlying facts, the specific relief requested, or why the petition became moot. The respondents listed in the amended caption were Kevin McAleenan, Acting Secretary of Homeland Security; William P. Barr, Attorney General of the United States; Leslie Tritten, ICE Field Office Director; and Kurt Freitag, Freeborn County Sheriff.
Review of the Recommendation
The court received a May 24, 2019 report and recommendation from United States Magistrate Judge Tony N. Leung. Because no party objected, the court reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s decision. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the report and recommendation. The court denied the petition as moot and dismissed the action without prejudice for lack of subject-matter jurisdiction. The order also directed that judgment be entered. The opinion’s footnote explains that Kevin McAleenan and Leslie Tritten were substituted for their predecessors under the rule governing substitution of public officers.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.