Akande v. Fikes

Full title: LATEEF AKANDE, Petitioner, v. WARDEN FIKES, Respondent.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Oct 31, 2019

Case No. 19-CV-1821 (NEB/TNL) (D. Minn. Oct. 31, 2019)

Opinion

Case No. 19-CV-1821 (NEB/TNL)

10-31-2019

LATEEF AKANDE, Petitioner, v. WARDEN FIKES, Respondent.

Nancy E. Brasel United States District Judge

ORDER ON REPORT AND RECOMMENDATION

The Court has received the September 5, 2019 Report and Recommendation of United States Magistrate Judge Tony N. Leung. [ECF No. 5 ("R&R").] No party has objected to the R&R, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Akande argues that under United States v. Raymond, 139 S. Ct. 2369 (2019), his term of incarceration must be reduced by his term of supervised release. [See ECF No. 1.] The Court agrees with the R&R that Akande misunderstands Raymond. See R&R at 6. The narrow question decided by the controlling opinion in Raymond concerned the constitutionality of 28 U.S.C. § 3583(k). Raymond, 139 S. Ct. at 2385-86. The Court does not understand Raymond to reach the remedy Akande seeks here. Accordingly, the Court finds no clear error.

Based upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:

1. This Court ACCEPTS the R&R [ECF No. 5];

2. Petitioner's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 [ECF No. 1] is DISMISSED WITHOUT PREJUDICE; and

3. Petitioner's motion to proceed in forma pauperis [ECF No. 2] is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 31, 2019

BY THE COURT:

s/Nancy E. Brasel

Nancy E. Brasel

United States District Judge