Becerra v. United States of America
Filing
9
ORDER ADOPTING REPORT AND RECOMMENDATION. (Written Opinion) Signed by Chief Judge Patrick J. Schiltz on 6/4/2024.(CLG)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
ERIK BECERRA,
Case No. 24‐CV‐1100 (PJS/JFD)
Petitioner,
v.
ORDER
UNITED STATES OF AMERICA,
Respondent.
Petitioner Erik Becerra, a federal prisoner, filed this action under 28 U.S.C. § 2241
seeking a new trial in his underlying criminal case. This matter is before the Court on
Becerra’s objection to the April 15, 2024, Report and Recommendation (“R&R”) of
Magistrate Judge John F. Docherty. Judge Docherty recommends dismissing Becerra’s
petition for lack of jurisdiction because Becerra has failed to show that his remedy
under 28 U.S.C. § 2255 is “inadequate or ineffective.” 28 U.S.C. § 2255(e) (federal
prisoners may only seek habeas relief if a motion under § 2255 “is inadequate or
ineffective to test the legality of his detention”).
The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b). Based on that review, the Court adopts the R&R and dismisses Becerra’s
petition for lack of jurisdiction.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1.
The Court ADOPTS the Report and Recommendation [ECF No. 5].
2.
Petitioner’s 28 U.S.C. § 2241 petition [ECF No. 1] is DISMISSED
WITHOUT PREJUDICE for lack of jurisdiction.
3.
Petitioner’s application to proceed in forma pauperis [ECF No. 6] is
DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 4, 2024
s/Patrick J. Schiltz
Patrick J. Schiltz, Chief Judge
United States District Court
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