Summary
adopting report and recommendation concluding that petitioner's removal from the United States rendered moot his habeas petition seeking release from ICE custody
Summary of this case from Ali v. SessionsOpinion
File No. 19-cv-00296-ECT-BRT
09-11-2019
Augustin B., Petitioner, v. Kevin McAleenan, William P. Barr, Peter Berg, and Joel Brott, Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION
The Court has received the August 13, 2019 Report and Recommendation of United States Magistrate Judge Becky R. Thorson. ECF No. 49. No party has objected to that Report and Recommendation, 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). Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 49] is ACCEPTED;
2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as moot; and
3. The action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: September 11, 2019
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court
Acting Secretary of Homeland Security Kevin McAleenan is substituted for former Secretary of Homeland Security Kirstjen Nielsen because a "[public] officer's successor is automatically substituted as a party" and "[l]ater proceedings should be in the substituted party's name." Fed. R. Civ. P. 25(d).