Montano v. King
U.S. District Court, District of Minnesota
Montano v. King
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Felix Aguirre Montano, Case No. 24-CV-00324 (JMB/LIB)
Petitioner,
ORDER
v.
Mark King,
Respondent.
Felix Aguirre Montano, self-represented.
Ana H. Voss and Lucas B. Draisey, United States Attorney’s Office, Minneapolis, MN,
for Respondent Mark King.
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Judge Leo I. Brisbois dated October 16, 2024. (Doc. No. 11.)
The R&R recommends that Montano’s petition for a writ of habeas corpus be denied on
the grounds that Montano is subject to a final removal order and thus ineligible for the
relief he requests. (See Doc. No. 8-2 at 1.) Neither party has objected to the R&R, and the
time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the 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).
Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. No. 11) is ADOPTED;
2. Felix Aguirre Montano’s Amended Petition for Writ of Habeas Corpus (Doc.
No. 6) is DENIED; and
3. The Court dismisses this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 22, 2024 /s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Felix Aguirre Montano, Case No. 24-CV-00324 (JMB/LIB)
Petitioner,
ORDER
v.
Mark King,
Respondent.
Felix Aguirre Montano, self-represented.
Ana H. Voss and Lucas B. Draisey, United States Attorney’s Office, Minneapolis, MN,
for Respondent Mark King.
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Judge Leo I. Brisbois dated October 16, 2024. (Doc. No. 11.)
The R&R recommends that Montano’s petition for a writ of habeas corpus be denied on
the grounds that Montano is subject to a final removal order and thus ineligible for the
relief he requests. (See Doc. No. 8-2 at 1.) Neither party has objected to the R&R, and the
time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the 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).
Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. No. 11) is ADOPTED;
2. Felix Aguirre Montano’s Amended Petition for Writ of Habeas Corpus (Doc.
No. 6) is DENIED; and
3. The Court dismisses this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 22, 2024 /s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court Reference
- Status
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