U.S. District Court, District of Minnesota, 2022

Kern v. Fikes

Kern v. Fikes
U.S. District Court, District of Minnesota · Decided July 26, 2022

Kern v. Fikes

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Ryan Lee Kern, Case No. 21-cv-2211 (WMW/LIB) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION J Fikes, Respondent.

Before the Court is the June 16, 2022 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 11.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an 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). 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 June 16, 2022 R&R, (Dkt. 11), is ADOPTED.

2. Petitioner Ryan Lee Kern’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 26, 2022 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Ryan Lee Kern, Case No. 21-cv-2211 (WMW/LIB) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION J Fikes, Respondent.

Before the Court is the June 16, 2022 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 11.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an 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). 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 June 16, 2022 R&R, (Dkt. 11), is ADOPTED.

2. Petitioner Ryan Lee Kern’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 26, 2022 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.