Nathan Christopher Braun v. MCF-Rush City Warden; MNDOC Commissioner; MNDOC HUR; and MNDOC ISR

Summary

The United States District Court for the District of Minnesota adopted a magistrate judge’s Report and Recommendation and denied Nathan Christopher Braun’s petition for a writ of habeas corpus. The court concluded that the petition raised issues that were either not cognizable or had not been administratively exhausted. The court denied the pending in forma pauperis application as moot, declined to issue a certificate of appealability, and dismissed the action without prejudice.

Holdings

1. When no timely objection is filed, the district court reviews the Report and Recommendation for clear error; finding no clear error, the court adopted the R&R.
2. The petition was denied and the action was dismissed without prejudice because the grounds identified in the petition were either not cognizable or had not been exhausted through available administrative remedies.
3. No certificate of appealability shall issue.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when neither party filed a timely objection.
2. Whether the habeas petition should be denied and the action dismissed without prejudice because the asserted issues were either not cognizable or had not been exhausted through available administrative remedies.
3. Whether a certificate of appealability should issue.
4. Whether the pending application to proceed in forma pauperis should be denied as moot.

Disposition

dismissed