Acuna-Carmona v. FCI Sandstone

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION: #6 Report and Recommendation is ADOPTED IN FULL; #1 Petition for a Writ of Habeas Corpus is DENIED; and case is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Laura M. Provinzino on 1/27/2025. (TJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FELIX ALBERTO ACUNACARMONA,
Plaintiff,
v.

Case No. 24-cv-4372 (LMP/DJF)

ORDER ADOPTING REPORT AND
RECOMMENDATION

FCI SANDSTONE, Warden,
Defendant.
This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Dulce J. Foster, entered December 23, 2024. ECF No. 6.
The R&R recommends denial of Plaintiff Felix Alberto Acuna-Carmona’s petition for a
writ of habeas corpus (ECF No. 1) and dismissal of this matter for lack of standing. Id. To
the extent that Acuna-Carmona might have standing to bring one claim, the R&R concludes
that Acuna-Carmona’s claim “would simply fail on the merits.” Id. at 4. Neither party
objects to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews it for clear error,
Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
The Court finds no error in the R&R. In the absence of any objections, and based
upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY
ORDERED THAT:
1.

The Report and Recommendation (ECF No. 6) is ADOPTED IN FULL;

2.

Acuna-Carmona’s Petition for a Writ of Habeas Corpus (ECF No. 1) is

DENIED; and

3.

The above-captioned matter is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 27, 2025

s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge

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