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

Olery v. DHS/ICE Office of Chief Counsel

Olery v. DHS/ICE Office of Chief Counsel
U.S. District Court, District of Minnesota · Decided July 24, 2019

Olery v. DHS/ICE Office of Chief Counsel

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gael A. O., Case No. 18-cv-3269 (WMW/TNL) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION DHS/ICE Office of Chief Counsel, Respondent.

This matter is before the Court on the May 13, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 15.) Objections to the R&R have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Having reviewed the R&R, the Court finds no clear error.

Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The May 13, 2019 R&R, (Dkt. 15), is ADOPTED.

2. Petitioner Gael A. O.’s petition for a writ of habeas corpus, (Dkt. 1), is DENIED; and 3. This case is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 24, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gael A. O., Case No. 18-cv-3269 (WMW/TNL) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION DHS/ICE Office of Chief Counsel, Respondent.

This matter is before the Court on the May 13, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 15.) Objections to the R&R have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Having reviewed the R&R, the Court finds no clear error.

Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The May 13, 2019 R&R, (Dkt. 15), is ADOPTED.

2. Petitioner Gael A. O.’s petition for a writ of habeas corpus, (Dkt. 1), is DENIED; and 3. This case is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 24, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

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