Opinion
23-CV-761 (JMB/DJF)
02-14-2024
Justin A. Volpe, Petitioner, v. Warden Thomas, Respondent.
ORDER ON REPORT AND RECOMMENDATION
Jeffrey M. Bryan United States District Court Judge
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Dulce J. Foster dated January 22, 2024. (Doc. No. 10.) The R&R recommends that Petitioner Justin A. Volpe's petition for a writ of habeas corpus under 28 U.S.C. § 2241 be dismissed because Volpe's contentions that the Bureau of Prisons wrongly calculated his First Step Act time credits were rendered moot by his release from custody. (See Doc. No. 1.) Volpe did not file any objections to the R&R and the time to do so has passed. See D. Minn. L.R. 72.2(b)(1).
This Court reviews de novo any portion of an R&R to which specific objections are made; however, 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 unobjected-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 (Doc. No. 10) is ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED; and
3. This matter is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.