Hector R. v. Berg, 18-cv-3050 (ECT/KMM). (2019)
Court: District Court, D. Minnesota
Number: infdco20190501e07
Visitors: 12
Filed: Apr. 29, 2019
Latest Update: Apr. 29, 2019
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . The Court has received the April 1, 2019 Report and Recommendation of United States Magistrate Judge Katherine M. Menendez. ECF No. 14. 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 of the files, records, and proc
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . The Court has received the April 1, 2019 Report and Recommendation of United States Magistrate Judge Katherine M. Menendez. ECF No. 14. 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 of the files, records, and proce..
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ORDER ACCEPTING REPORT AND RECOMMENDATION
ERIC C. TOSTRUD, District Judge.
The Court has received the April 1, 2019 Report and Recommendation of United States Magistrate Judge Katherine M. Menendez. ECF No. 14. 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 of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation [ECF No. 14] is ACCEPTED; and
2. The Petition of a Writ of Habeas Corpus [ECF No. 1] is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
FootNotes
1. Petitioner Hector R. originally named "Secretary of Homeland Security, J. Sessions" as the respondent in this matter. See Pet. at 1 [ECF No. 1]. As a pro se litigant, the Court must liberally construe his pleadings. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). In an immigration-detention habeas proceeding, the properly named respondent is the official with Immigration and Customs Enforcement who controls the petitioner's custody and can, if necessary, produce him. 28 U.S.C. §§ 2242-43; Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). Counsel for then-Secretary of the Department of Homeland Security Kirstjen Nielsen and then-Acting Attorney General Matthew Whittaker filed a response to Hector R.'s petition noting that in this case, that person is ICE Field Office Director Peter Berg. Resp. to Pet. At 1 n.1 [ECF No. 10]. The response requested that Berg be substituted as the proper defendant and that "Secretary of Homeland Security, J. Sessions" be dismissed from the action. Id. Petitioner does not object to Berg's substitution, and the request will be granted.
Source: Leagle
