Zongo v. Garland ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Wendkouni Wilfried Arnold Zongo, Civ. No. 21-676 (PAM/HB) Petitioner, v. MEMORANDUM AND ORDER Alejandro Mayorkas, Tae D. Johnson, Marcos Charles, Joel Brott, and Merrick B. Garland, Respondents. This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Hildy Bowbeer dated December 16, 2021. (Docket No. 44.) The R&R recommends that Petitioner Wendkouni Wifried Arnold Zongo’s Petition for a Writ of Habeas Corpus be dismissed as moot because Zongo has been released from detention. No party objected to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1). This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge’s reasoning. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 44) is ADOPTED; 2. The Petition (Docket No. 1) is DISMISSED without prejudice as moot; 3. Petitioner’s request for leave to file an amended petition (Docket No. 39) is DENIED; and 4. Petitioner’s Motions to Expedite Consideration (Docket Nos. 28, 30) are DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Wednesday, January 12, 2022 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge