Arroyo v. Fikes ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ruben Arroyo, No. 21-CV-2489 (KMM/BRT) Petitioner, v. ORDER Warden J. Fikes, Respondent. This matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Becky R. Thorson, dated May 5, 2022. No objections have been filed to that R&R in the time period permitted. 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 the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise. Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation [ECF No. 18] is ACCEPTED; 2. The Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] is DENIED; 3. The Petitioner’s request for a temporary restraining order in his Petition [ECF No. 1] is DENIED; and 4. This action is DISMISSED WITHOUT PREJUDICE. Let Judgment Be Entered Accordingly. Date: July 19, 2022 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge