Opinion
Civ. 23-1285 (PAM/LIB)
07-28-2023
Sui Yuet Kong, Petitioner, v. Michael Segal, Warden, Respondent.
MEMORANDUM AND ORDER
Paul A. Magnuson United States District Court Judge.
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois dated July 5, 2023. (Docket No. 5.) The R&R recommends that Petitioner Sui Yuet Kong's Petition for a Writ of Habeas Corpus be denied because the Petition conclusively shows that Kong is not entitled to habeas relief. Kong did not file any objections to the R&R and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
This Court must review de novo any portion of an R&R to which specific objections are made, but 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 un-objected-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 (Docket No. 5) is ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Docket No. 1) is DENIED; and
3. This matter is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.