Heurung v. Rardin

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Johnny Frederic Heurung, Civ. No. 23-3749 (PAM/LIB)

Petitioner,

v. ORDER

Jared Rardin, Warden,

Defendant.

This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois dated October 17, 2024. (Docket No. 18.) The R&R recommends dismissal of this matter with prejudice because Petitioner Johnny Frederic Heurung is not entitled to relief on his claims. Petitioner did not file any objections to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1). This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge’s reasoning. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 18) is ADOPTED; 2. Petitioner’s Amended Petition for a writ of habeas corpus (Docket No. 6) is DENIED; and 3. This matter is DISMISSED with prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: November 25, 2024 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge