Augustin B. v. McAleenan
- Eric Tostrud
- 0:19-cv-00296
- U.S. District Court · District of Minnesota
- 2
Augustin B. v. McAleenan: Judge Tostrud accepted the recommendation, denied the petition as moot, and dismissed the action without prejudice for lack of jurisdiction.
Augustin B., whose petition was denied as moot and whose action was dismissed without prejudice; respondents Kevin McAleenan, William P. Barr, Peter Berg, and Joel Brott.
What happened
In Augustin B. v. McAleenan, the court reviewed a petition filed by Augustin B. against Kevin McAleenan, William P. Barr, Peter Berg, and Joel Brott.
The court received Magistrate Judge Becky R. Thorson's report and recommendation. No party objected, so the court reviewed the recommendation for clear error and found none.
Judge Tostrud accepted the recommendation, denied the petition as moot, and dismissed the action without prejudice for lack of subject-matter jurisdiction. The order directed that judgment be entered.
The detailed version
- Augustin B. v. McAleenan · No. 0:19-cv-00296
- Eric Tostrud
- Sept. 11, 2019
Background
Augustin B. filed a petition for a writ of habeas corpus against Kevin McAleenan, William P. Barr, Peter Berg, and Joel Brott. The opinion does not explain the petition's underlying allegations or why the petition became moot.
Report and Recommendation
The court received an August 13, 2019 report and recommendation from United States Magistrate Judge Becky R. Thorson. No party objected. Under the applicable review standard, the court therefore examined the recommendation for clear error and found none.
Ruling
Judge Eric C. Tostrud ordered that the report and recommendation be accepted. The petition was denied as moot. The action was dismissed without prejudice for lack of subject-matter jurisdiction, meaning the dismissal did not bar refiling on that basis. The court also directed entry of judgment. The order does not provide further explanation of the mootness determination or the jurisdictional issue.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.