U.S. District Court, District of Minnesota, 2025

Aviles Mendoza v. United States

Aviles Mendoza v. United States
U.S. District Court, District of Minnesota · Decided June 13, 2025

Aviles Mendoza v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DIOMEDEZ DANIEL AVILES Case No. 25-CV-1001 (NEB/ECW) MENDOZA, Petitioner, ORDER ACCEPTING REPORT AND v. RECOMMENDATION UNITED STATES OF AMERICA, Respondent.

The Court has received the May 12, 2025 Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright. (ECF No. 9.) No party has objected to that Report and Recommendation, and the Court therefore reviews it 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 Report and Recommendation (ECF No. 9) is ACCEPTED; 2. Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. Section 2241 (ECF No. 1) is DENIED; 3. This action is DISMISSED; and 4. Petitioner’s application to proceed in forma pauperis (ECF No. 4) is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 13, 2025 BY THE COURT: s/Nancy E. Brasel Nancy E. Brasel United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DIOMEDEZ DANIEL AVILES Case No. 25-CV-1001 (NEB/ECW) MENDOZA, Petitioner, ORDER ACCEPTING REPORT AND v. RECOMMENDATION UNITED STATES OF AMERICA, Respondent.

The Court has received the May 12, 2025 Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright. (ECF No. 9.) No party has objected to that Report and Recommendation, and the Court therefore reviews it 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 Report and Recommendation (ECF No. 9) is ACCEPTED; 2. Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. Section 2241 (ECF No. 1) is DENIED; 3. This action is DISMISSED; and 4. Petitioner’s application to proceed in forma pauperis (ECF No. 4) is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 13, 2025 BY THE COURT: s/Nancy E. Brasel Nancy E. Brasel United States District Judge

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