Kern v. Fikes
- Wilhelmina Wright
- 0:21-cv-02211
- U.S. District Court · District of Minnesota
- 1
In Kern v. Fikes, Judge Wright adopted the recommendation and dismissed Kern’s custody petition without prejudice because the court lacked jurisdiction.
Ryan Lee Kern’s petition was dismissed without prejudice because the court lacked subject-matter jurisdiction; the order does not resolve the petition’s underlying claims.
What happened
In Kern v. Fikes, Ryan Lee Kern filed a petition for a writ of habeas corpus against J Fikes. The opinion does not describe the underlying custody-related claims.
No objections were filed to the magistrate judge’s report and recommendation. The court therefore reviewed the recommendation for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Kern’s petition without prejudice for lack of subject-matter jurisdiction. The order directed that judgment be entered.
The detailed version
- Kern v. Fikes · No. 0:21-cv-02211
- Wilhelmina Wright
- July 26, 2022
Background Ryan Lee Kern filed a petition for a writ of habeas corpus against J Fikes. A writ of habeas corpus is a court procedure used to challenge a person’s custody. The opinion does not provide the petition’s underlying allegations or explain the custody issue Kern raised.
Report and Recommendation United States Magistrate Judge Leo I. Brisbois issued a June 16, 2022 report and recommendation. Neither party filed objections. Because there were no timely objections, the district court reviewed the report and recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error after reviewing the report and recommendation and the case record.
Ruling The court adopted the June 16, 2022 report and recommendation. It dismissed Kern’s habeas petition without prejudice for lack of subject-matter jurisdiction. Subject-matter jurisdiction is the court’s legal authority to decide the type of dispute presented. The order directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.