Montano v. King

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Felix Aguirre Montano, Case No. 24-CV-00324 (JMB/LIB)

Petitioner,

ORDER v.

Mark King,

Respondent.

Felix Aguirre Montano, self-represented. Ana H. Voss and Lucas B. Draisey, United States Attorney’s Office, Minneapolis, MN, for Respondent Mark King.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois dated October 16, 2024. (Doc. No. 11.) The R&R recommends that Montano’s petition for a writ of habeas corpus be denied on the grounds that Montano is subject to a final removal order and thus ineligible for the relief he requests. (See Doc. No. 8-2 at 1.) 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. 11) is ADOPTED; 2. Felix Aguirre Montano’s Amended Petition for Writ of Habeas Corpus (Doc. No. 6) is DENIED; and

3. The Court dismisses this action without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: November 22, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court