Mauricio O. v. Immigration & Customs Enforcement
- Wilhelmina Wright
- 0:23-cv-00998
- U.S. District Court · District of Minnesota
- 2
Mauricio O. v. Immigration & Customs Enforcement: Judge Wright adopted the recommendation, dismissed the petition without prejudice, and denied the fee-waiver application as moot.
Mauricio O.; Immigration & Customs Enforcement was the respondent.
What happened
In Mauricio O. v. Immigration & Customs Enforcement, the court reviewed a magistrate judge’s recommendation because no objections had been filed and found no clear error.
The court adopted the recommendation and dismissed Mauricio O.’s petition for relief under 28 U.S.C. § 2241 without prejudice, meaning the dismissal did not bar refiling. The opinion does not explain the recommendation’s underlying reasoning.
Judge Wilhelmina M. Wright also denied Mauricio O.’s application to proceed without paying fees or costs as moot, meaning the application no longer required a ruling.
The detailed version
- Mauricio O. v. Immigration & Customs Enforcement · No. 0:23-cv-00998
- Wilhelmina Wright
- June 26, 2023
Background
The matter concerned Mauricio O.’s petition for habeas corpus relief under 28 U.S.C. § 2241. Habeas corpus is a procedure for challenging the legality of a person’s detention or custody. The opinion refers to a May 4, 2023 Report and Recommendation by United States Magistrate Judge Douglas L. Micko, but it does not include that recommendation’s reasoning.
Court’s Review
No objections were filed to the Report and Recommendation. Under the applicable procedure, the court therefore reviewed the recommendation for clear error, meaning an obvious mistake. After reviewing the recommendation and the case record, the court found no clear error.
Ruling
The court adopted the May 4, 2023 Report and Recommendation. It dismissed Mauricio O.’s § 2241 petition without prejudice. It also denied Mauricio O.’s application to proceed in court without paying fees or costs as moot. The opinion does not state the reason for dismissing the petition because the Report and Recommendation is not included in the provided text.
Judge
The order was signed by United States District Judge Wilhelmina M. Wright.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.