Heurung v. Rardin

Filing 19

ORDER adopting Report and Recommendation 18 . (Written Opinion) Signed by Judge Paul A. Magnuson on 11/25/2024. (MGMM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Johnny Frederic Heurung,

Civ. No. 23-3749 (PAM/LIB)

Petitioner,
ORDER

v.
Jared Rardin, Warden,
Defendant.

This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Leo I. Brisbois dated October 17, 2024. (Docket No. 18.)
The R&R recommends dismissal of this matter with prejudice because Petitioner Johnny
Frederic Heurung is not entitled to relief on his claims. Petitioner did not file any objections
to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
This Court must review de novo any portion of an R&R to which specific objections
are made, but in the absence of objections, the Court reviews the R&R only for clear error.
28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793,
795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for
clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the
Magistrate Judge’s reasoning.
Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R (Docket No. 18) is ADOPTED;

2.

Petitioner’s Amended Petition for a writ of habeas corpus (Docket No. 6) is
DENIED; and

3.

This matter is DISMISSED with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

s/ Paul A. Magnuson

Date: November 25, 2024

Paul A. Magnuson
United States District Court Judge

2