U.S. District Court, District of Minnesota, 2019

Hachimenum v. Secretary Homeland Security

Hachimenum v. Secretary Homeland Security
U.S. District Court, District of Minnesota · Decided June 10, 2019
Hachimenum v. Secretary Homeland Security

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Nnodi H., File No. 18-cv-01986 (ECT/TNL) Petitioner, v. Kevin McAleenan, Acting Secretary of ORDER ACCEPTING REPORT Homeland Security; William P. Barr, AND RECOMMENDATION Attorney General of the United States; Leslie Tritten, ICE Field Office Director; and Kurt Freitag, Freeborn County Sheriff, Respondents.1 ________________________________________________________________________ The Court has received the May 24, 2019 Report and Recommendation of United States Magistrate Judge Tony N. Leung. ECF No. 39. 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 of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 39] is ACCEPTED;

1 Acting Secretary of Homeland Security Kevin McAleenan is substituted as the Secretary of Homeland Security, and St. Paul Immigration and Customs Enforcement Field Office Director Leslie Tritten is substituted for her predecessor Scott Baniecke 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).

2. The Petition for a Writ of Habeas Corpus [ECF No. 1] is DENIED as MOOT.

Dated: June 10, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Nnodi H., File No. 18-cv-01986 (ECT/TNL) Petitioner, v. Kevin McAleenan, Acting Secretary of ORDER ACCEPTING REPORT Homeland Security; William P. Barr, AND RECOMMENDATION Attorney General of the United States; Leslie Tritten, ICE Field Office Director; and Kurt Freitag, Freeborn County Sheriff, Respondents.1 ________________________________________________________________________ The Court has received the May 24, 2019 Report and Recommendation of United States Magistrate Judge Tony N. Leung. ECF No. 39. 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 of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 39] is ACCEPTED;

1 Acting Secretary of Homeland Security Kevin McAleenan is substituted as the Secretary of Homeland Security, and St. Paul Immigration and Customs Enforcement Field Office Director Leslie Tritten is substituted for her predecessor Scott Baniecke 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).

2. The Petition for a Writ of Habeas Corpus [ECF No. 1] is DENIED as MOOT.

Dated: June 10, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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