Korf v. Rardin
- Jerry Blackwell
- 0:23-cv-00196
- U.S. District Court · District of Minnesota
- 2
Korf v. Rardin: Judge Blackwell dismissed Korf’s habeas petition without prejudice after accepting an unchallenged recommendation.
Jimmy Joe Korf’s § 2241 petition was dismissed without prejudice; Jared Rardin was the respondent.
What happened
In Korf v. Rardin, Jimmy Joe Korf filed a petition asking the court to order relief related to a residential drug abuse program. The order says Korf was transferred to a facility offering that program, which likely explains why he did not object to the magistrate judge’s recommendation.
The district court reviewed the magistrate judge’s recommendation for clear error because no timely objections were filed. It found no clear error, accepted the recommendation, and dismissed Korf’s petition under federal law without prejudice.
Judge Jerry W. Blackwell entered the order on April 11, 2023. The order does not include the magistrate judge’s underlying analysis, but it states that the court accepted that analysis.
The detailed version
- Korf v. Rardin · No. 0:23-cv-00196
- Jerry W. Blackwell
- Apr. 11, 2023
Background
Jimmy Joe Korf filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The opinion states that the petition sought to compel relief involving a residential drug abuse program. A magistrate judge, David T. Schultz, issued a Report and Recommendation on March 13, 2023.
The order’s footnote states that Korf had been transferred to a facility offering the residential drug abuse program. It says this transfer likely explained why Korf did not file objections to the recommendation, but the order does not otherwise describe the petition’s underlying claims or the magistrate judge’s reasoning.
Court’s Review
Because no timely objections were filed, the district court reviewed the Report and Recommendation for clear error, meaning an obvious mistake. The court found no clear error. It also stated that it accepted the recommendation’s substantive analysis.
Disposition
Judge Jerry W. Blackwell ordered that the March 13, 2023 Report and Recommendation be accepted. He also ordered that Korf’s petition under 28 U.S.C. § 2241 be dismissed without prejudice. The opinion does not provide additional details about the basis for the dismissal. Dismissal without prejudice does not bar a later filing, although the order does not discuss whether Korf could successfully refile.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.