Clemons v. Birkholz
- Katherine Menendez
- 0:21-cv-01886
- U.S. District Court · District of Minnesota
- 2
In Clemons v. Birkholz, Judge Menendez denied Clemons’s petition challenging his detention and dismissed the matter after finding no error.
The order directly affected Antoine Clemons’s petition and dismissed the matter; the respondents were Federal Prison Camp Warden B. Birkholz and the Director of the Federal Bureau of Prisons.
What happened
Clemons v. Birkholz concerned Antoine Clemons’s petition challenging his detention against a federal prison camp warden and the Federal Bureau of Prisons director.
The court considered a magistrate judge’s May 30, 2023 report and recommendation. Because no objections were filed, the court reviewed the recommendation for clear error and found none.
Judge Menendez ordered that Clemons’s petition be denied and that the matter be dismissed. The opinion does not explain the underlying basis for the petition or the report and recommendation’s reasoning. The court also directed the clerk to send the order to Clemons through the Federal Bureau of Prisons’ RRM Kansas City field office because he had been transferred.
The detailed version
- Clemons v. Birkholz · No. 0:21-cv-01886
- Katherine Menendez
- June 21, 2023
Background Antoine Clemons filed a petition for a writ of habeas corpus against Federal Prison Camp Warden B. Birkholz and the Director of the Federal Bureau of Prisons. The opinion does not describe the petition’s underlying claims or the relief Clemons sought.
Report and Recommendation The matter came before the district court on a report and recommendation issued by United States Magistrate Judge Tony L. Leung on May 30, 2023. No objections were filed within the permitted time. The court therefore reviewed the report and recommendation for clear error rather than conducting de novo review of specific objections. The court stated that its review of the report and recommendation and the record revealed no error, clear or otherwise.
Ruling The court ordered that Clemons’s petition for a writ of habeas corpus be denied and that the matter be dismissed. The opinion does not state whether the dismissal was with or without prejudice. A footnote states that Clemons had been transferred after filing the petition and was then supervised by the Federal Bureau of Prisons’ RRM Kansas City field office. The clerk was directed to send Clemons a copy of the order through that office in an attempt to reach him.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.