U.S. District Court, District of Minnesota, 2023

Ducasse v. LeJune

Ducasse v. LeJune
U.S. District Court, District of Minnesota · Decided February 23, 2023

Ducasse v. LeJune

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Hiram Luis Ducasse, Jr., Case No. 22-cv-2565 (WMW/JFD) Petitioner, ORDER ADOPTING v. REPORT AND RECOMMENDATION Warden LeJune, Respondent.

Before the Court is the January 13, 2023 Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty. (Dkt. 7.) The R&R recommends that Petitioner Hiram Luis Ducasse, Jr.’s Petition for a Writ of Habeas Corpus be dismissed without prejudice for failure to prosecute. Ducasse did not file objections to the R&R and the time to do so has passed.

In the absence of timely objections to the R&R, 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 January 13, 2023 Report and Recommendation, (Dkt. 7), is ADOPTED.

2. Petitioner Hiram Luis Ducasse, Jr.’s, petition for writ of habeas corpus, (Dkt.

1), is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Hiram Luis Ducasse, Jr., Case No. 22-cv-2565 (WMW/JFD) Petitioner, ORDER ADOPTING v. REPORT AND RECOMMENDATION Warden LeJune, Respondent.

Before the Court is the January 13, 2023 Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty. (Dkt. 7.) The R&R recommends that Petitioner Hiram Luis Ducasse, Jr.’s Petition for a Writ of Habeas Corpus be dismissed without prejudice for failure to prosecute. Ducasse did not file objections to the R&R and the time to do so has passed.

In the absence of timely objections to the R&R, 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 January 13, 2023 Report and Recommendation, (Dkt. 7), is ADOPTED.

2. Petitioner Hiram Luis Ducasse, Jr.’s, petition for writ of habeas corpus, (Dkt.

1), is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

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