Oscar M. v. Garland
- Wilhelmina Wright
- 0:21-cv-01341
- U.S. District Court · District of Minnesota
- 2
Oscar M.-S. v. Garland: Judge Wright denied the habeas petition as moot and dismissed the action without prejudice for lack of subject-matter jurisdiction.
Oscar M.-S.’s petition was denied as moot, and his action was dismissed without prejudice for lack of subject-matter jurisdiction. The order concerned the respondents named in the case but made no additional ruling about them.
What happened
In Oscar M.-S. v. Garland, the court reviewed a magistrate judge’s recommendation concerning Oscar M.-S.’s petition for a writ of habeas corpus. No one filed objections to the recommendation.
Because there were no objections, the court reviewed the recommendation for clear error and found none. The court adopted the recommendation.
The court denied Oscar M.-S.’s petition as moot and dismissed the action without prejudice for lack of subject-matter jurisdiction. Judge Wilhelmina M. Wright ordered that judgment be entered.
The detailed version
- Oscar M. v. Garland · No. 0:21-cv-01341
- Wilhelmina Wright
- July 26, 2022
Background
Oscar M.-S. filed a petition for a writ of habeas corpus against Merrick B. Garland, Alejandro Mayorkas, Tae D. Johnson, Marcos Charles, and Joel Brott. The court considered a June 28, 2022 report and recommendation from United States Magistrate Judge John F. Docherty.
Court’s Analysis
No objections to the report and recommendation were filed. Under the applicable review standard, the court therefore reviewed the recommendation for clear error. The court found no clear error.
Ruling
The court adopted the report and recommendation. It denied Oscar M.-S.’s habeas petition as moot and dismissed the action without prejudice for lack of subject-matter jurisdiction. The order directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.