Opinion
23-CV-2795 (JMB/DLM)
04-26-2024
James Walton, Petitioner, v. United States of America, 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 Douglas L. Micko dated April 3, 2024. (Doc. No. 14.) The R&R recommends that Petitioner James Walton's for Writ of Habeas Corpus under 28 U.S.C. § 2241(Doc. No. 1) be denied as moot and this matter be dismissed without prejudice for lack of subject-matter jurisdiction. (See Doc. No. 14.) Walton did not file any objections 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 abovecaptioned matter, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. No. 14) is ADOPTED;
2. Petitioner James Walton's Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED AS MOOT; and
3. This matter is DISMISSED WITHOUT PREJUDICE for lack of subjectmatter jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.