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

Leetch v. Fikes

Leetch v. Fikes
U.S. District Court, District of Minnesota · Decided November 15, 2022

Leetch v. Fikes

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Paul Brooks Leetch, No. 21-cv-1432 (KMM/DTS) Petitioner, v. ORDER Jeffrey Fikes, Warden, FCI-Sandstone, Respondent.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz, dated July 20, 2022. Judge Schultz recommends that the petition for a writ of habeas corpus filed by Petitioner Paul Brooks Leetch, seeking restoration of 41 days of good conduct time, be denied for failure to demonstrate a violation of his due process rights. No objections have been filed to the R&R. The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)).

Based on the Court’s careful review of the R&R and the record in this case, the Magistrate Judge committed no error. The R&R correctly identifies and applies the deferential legal standards governing Mr. Leetch’s due process challenge to the revocation of good conduct time through the prison disciplinary process.

Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation [ECF No. 13] is ACCEPTED.

2. Mr. Leetch’s Habeas Petition [ECF No. 1] is DENIED.

3. Mr. Leetch’s Motion for a Status Update [ECF No. 12] is DENIED AS MOOT.

Let Judgment be entered accordingly.

Date: November 15, 2022 s/Katherine Menendez Katherine Menendez United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Paul Brooks Leetch, No. 21-cv-1432 (KMM/DTS) Petitioner, v. ORDER Jeffrey Fikes, Warden, FCI-Sandstone, Respondent.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz, dated July 20, 2022. Judge Schultz recommends that the petition for a writ of habeas corpus filed by Petitioner Paul Brooks Leetch, seeking restoration of 41 days of good conduct time, be denied for failure to demonstrate a violation of his due process rights. No objections have been filed to the R&R. The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)).

Based on the Court’s careful review of the R&R and the record in this case, the Magistrate Judge committed no error. The R&R correctly identifies and applies the deferential legal standards governing Mr. Leetch’s due process challenge to the revocation of good conduct time through the prison disciplinary process.

Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation [ECF No. 13] is ACCEPTED.

2. Mr. Leetch’s Habeas Petition [ECF No. 1] is DENIED.

3. Mr. Leetch’s Motion for a Status Update [ECF No. 12] is DENIED AS MOOT.

Let Judgment be entered accordingly.

Date: November 15, 2022 s/Katherine Menendez Katherine Menendez United States District Judge

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