Kamara v. Warden

District Court, M.D. Pennsylvania

Kamara v. Warden

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MOHAMED KAMARA, No. 1:21-CV-00004

Petitioner, (Judge Brann)

v. (Magistrate Judge Carlson)

WARDEN, CLINTON COUNTY CORRECTIONAL FACILITY, et al.,

Respondents.

ORDER MAY 17, 2021 Mohamed Kamara, an individual detained by the United States Department of Homeland Security, Immigration and Customs Enforcement, filed this

28 U.S.C. § 2241

petition in which he argues that he is entitled to derivative citizenship, and challenges his continued detention in light of its duration and the COVID-19 pandemic.1 On April 12, 2021, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court deny Kamara’s petition, as (1) his claim of derivative citizenship is not properly brought before this Court, (2) Kamara failed to demonstrate that his detention without a bond hearing is unduly lengthy, and (3) Kamara failed to demonstrate that his conditions of confinement are unconstitutional.2 No timely objections were filed to this Report and Recommendation.

1 Doc. 1. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether timely

objections are made, district courts may accept, reject, or modify—in whole or in part— the findings or recommendations made by the magistrate judge.4 After reviewing the record, the Court finds no error—clear or otherwise—in Magistrate Judge Carlson’s conclusion that Kamara is not entitled to relief at this time. Accordingly, IT IS

HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 10), is ADOPTED; 2. Kamara’s

28 U.S.C. § 2241

petition (Doc. 1) is DENIED as to claims that

Kamara’s detention without a bond hearing is unduly lengthy and that his conditions of confinement are unconstitutional; 3. Kamara’s claim that he is entitled to derivative citizenship is DISMISSED without prejudice to his right to raise this claim before the United States Court of Appeals for the Third Circuit; and

4. The Clerk of Court is directed to CLOSE this case. BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann United States District Judge

3 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson,

812 F.2d 874, 878

(3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).

Reference

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