Summary
The United States District Court for the District of South Dakota adopted a magistrate judge’s Report and Recommendation in George Hoeppner’s 28 U.S.C. § 2241 challenge to a Bureau of Prisons disciplinary proceeding. Because Hoeppner had been transferred out of the district and filed no objection, the court dismissed the petition without prejudice as moot.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objection was filed.
- Whether Hoeppner's § 2241 petition should be dismissed without prejudice as moot after his transfer out of the District of South Dakota.
Holdings
- When a party does not timely object to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review of factual questions and may review the recommendation for legal error.
- The § 2241 petition was dismissed without prejudice as moot because Hoeppner had been transferred out of the District of South Dakota.
Key quotations
“Given the absence of timely objection, this Court need not review the facts de novo.”
“For good cause it is ORDERED that the Report and Recommendation, Doc. 10, is adopted and Hoeppner’s petition is dismissed without prejudice as moot.”
Factual background
Hoeppner filed a federal habeas petition challenging a Bureau of Prisons disciplinary proceeding. The Warden argued that Hoeppner received procedural due process during that proceeding. Before the matter was resolved, Hoeppner was transferred out of the District of South Dakota, leading the magistrate judge to recommend dismissal as moot.
Procedural history
Hoeppner filed a § 2241 petition challenging a BOP disciplinary proceeding. The Warden responded that the petition should be denied because Hoeppner received procedural due process. Magistrate Judge Veronica L. Duffy recommended dismissal without prejudice as moot because Hoeppner had been transferred out of the district. The district court adopted the Report and Recommendation after Hoeppner filed no objection.