Shay v. Rardin
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #6 Report and Recommendation, (Written Opinion) Signed by Judge Paul A. Magnuson on 10/23/2024.(NMS)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Joseph Shay, also known as
Mark Shay,
Civ. No. 24-3418 (PAM/DTS)
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 David T. Schultz dated September 19, 2024. The R&R
recommends dismissal of this matter without prejudice because the Court lacks
jurisdiction over Shay’s Petition.
According to statute, the Court must conduct a de novo review of any portion of
the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ.
P. 72(b); D. Minn. L.R. 72.2(b). Shay filed objections to the R&R, though they are
sparse and do not state any specific objections to the R&R’s conclusions. First, Shay
merely refers the Court to a page of instructions regarding § 2241 petitions; thus, his
precise objection to the R&R is unclear. Second, Shay asserts that Loper Bright Enters.
v. Raimondo, 144 S. Ct. 2244 (2024), confers jurisdiction over this matter. (Pet.’s Objs.
(Docket No. 9) at 2.) Shay is mistaken, as Loper Bright Enters does not discuss a court’s
jurisdiction over habeas petitions.
Shay presents no reason as to why the R&R’s
determinations were clearly erroneous, and therefore his objections fail.
After
conducting the required reviews, the Court ADOPTS the R&R. (Docket No. 6.)
Accordingly, IT IS HEREBY ORDERED that:
1.
The Court ADOPTS the R&R (Docket No. 6);
2.
The Petition (Docket No. 1) is DENIED without prejudice for lack of
jurisdiction;
3.
Petitioner’s application to proceed in forma pauperis (Docket No. 2) is
DENIED;
4.
Petitioner’s Motion for an Expedited Transfer to Prerelease (Docket No. 3)
is DENIED; and
5.
This matter is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
s/ Paul A. Magnuson
Dated: October 23, 2024
The Hon. Paul A. Magnuson
United States District Court Judge
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