Monville v. Eischen

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Jesse James Monville, Case No. 24-CV-04237 (JMB/JFD)

Petitioner,

ORDER v.

B. Eischen, FPC-Duluth Warden,

Respondent.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate John F. Docherty dated May 1, 2025. (Doc. No. 15.) The R&R recommends that the Court deny Petitioner Jesse James Monville’s petition for writ of habeas corpus as moot and dismiss the action for lack of subject-matter jurisdiction. 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. 15) is ADOPTED. 2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED as moot.

3. This action is DISMISSED WITHOUT PREJUDICE for lack of subject- matter jurisdiction.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 19, 2025 s/Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court