Montano v. King

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendation, ORDER DISMISSING CASE without prejudice. (Written Opinion) Signed by Judge Jeffrey M. Bryan on 11/22/2024. (LIA)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Felix Aguirre Montano,

Case No. 24-CV-00324 (JMB/LIB)

Petitioner,
ORDER

v.
Mark King,
Respondent.

Felix Aguirre Montano, self-represented.
Ana H. Voss and Lucas B. Draisey, United States Attorney’s Office, Minneapolis, MN,
for Respondent Mark King.
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Judge Leo I. Brisbois dated October 16, 2024. (Doc. No. 11.)
The R&R recommends that Montano’s petition for a writ of habeas corpus be denied on
the grounds that Montano is subject to a final removal order and thus ineligible for the
relief he requests. (See Doc. No. 8-2 at 1.) Neither party has objected to the R&R, and the
time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the R&R for clear error. See
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all the files, records, and proceedings in the abovecaptioned matter, IT IS HEREBY ORDERED THAT:
1.

The R&R (Doc. No. 11) is ADOPTED;

2.

Felix Aguirre Montano’s Amended Petition for Writ of Habeas Corpus (Doc.
No. 6) is DENIED; and

3.

The Court dismisses this action without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 22, 2024

/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court

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