Gunderson v. Federal Medical Center - Rochester

• Court: District Court, D. Minnesota
• Decided: July 2, 2025
• Docket: 0:23-cv-00423
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

James Gunderson, Case No. 23-CV-00423 (JMB/DLM)

Petitioner,

ORDER v.

Federal Medical Center – Rochester,

Respondent.

James Gunderson, Rochester, MN, self represented. Ana H. Voss and Lucas B. Draisey, United States Attorney’s Office, Minneapolis, MN, for Respondent Federal Medical Center – Rochester.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Douglas L. Micko, dated May 30, 2025. (Doc. No. 13.) The R&R recommends that Petitioner James Gunderson’s petition for a writ of habeas corpus, in which Gunderson seeks a determination that he is eligible to earn First Step Act time credits (FTCs), be denied on grounds that Gunderson is serving a sentence for an offense that is ineligible for FTCs and because his sentence cannot be divided into segments that are eligible to earn FTCs. (See id.) 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 above- captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 13) is ADOPTED.

2. The Court dismisses this action without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 2, 2025 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court