Phoummany v. United States

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Sompheth P., No. 24-cv-3849 (KMM/LIB) Petitioner, v. ORDER United States of America, Respondent.

This matter comes before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated October 24, 2022. Judge Brisbois recommends that this matter be dismissed without prejudice because the Court lacks subject-matter jurisdiction over the claims raised in the habeas petition filed by the Petitioner. Petitioner has not objected 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 a careful review of the R&R and the record in this case, the Court finds no error.

Accordingly, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 5) is ACCEPTED; 2. The petition for a writ of habeas corpus of petitioner Sompheth Phoummany (Doc. 1) is DENIED without prejudice; and 3. This case is DISMISSED without prejudice.

Let Judgment Be Entered Accordingly.

Date: November 20, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Sompheth P., No. 24-cv-3849 (KMM/LIB) Petitioner, v. ORDER United States of America, Respondent.

This matter comes before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated October 24, 2022. Judge Brisbois recommends that this matter be dismissed without prejudice because the Court lacks subject-matter jurisdiction over the claims raised in the habeas petition filed by the Petitioner. Petitioner has not objected 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 a careful review of the R&R and the record in this case, the Court finds no error.

Accordingly, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 5) is ACCEPTED; 2. The petition for a writ of habeas corpus of petitioner Sompheth Phoummany (Doc. 1) is DENIED without prejudice; and 3. This case is DISMISSED without prejudice.

Let Judgment Be Entered Accordingly.

Date: November 20, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge