0:25-cv-00933•Redifer v. Vaught et al
Testo completo
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael Cane Redifer, Sr., Petitioner, Case No. 25-cv-00933 (ECT/LIB) v. ORDER AND REPORT AND RECOMMENDATION T. Vaught, et al., Respondents. Pursuant to a general referral made in accordance with 28 U.S.C. § 636 and Local Rule 72.1, this matter comes before the undersigned United States Magistrate Judge upon Petitioner Michael C. Redifer’s Petition for a Writ of Habeas Corpus. [Docket No. 1]. Finding no hearing necessary, the Court issues the present Report and Recommendation.1 For the reasons discussed herein, Petitioner’s Motion to Amend, [Docket No. 28], is GRANTED, in part, and DENIED, in part, and Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30], is GRANTED. Further, for the reasons discussed herein, the Court recommends that Redifer’s Petition for Writ of Habeas Corpus, [Docket No. 1], be DENIED, and this action be DISMISSED without prejudice. 1 Upon review of the present record, the Court finds that a hearing is unnecessary in this action because a hearing on the present Petition would not aid the Court in its consideration of the present Petition. See Wallace v. Lockhart, 701 F.2d 719, 730 (8th Cir. 1983) (observing that dismissal of a “habeas petition without a hearing is proper . . . where the allegations, even if true, fail to state a cognizable constitutional claim, where the relevant facts are not in dispute, or where the dispute can be resolved on the basis of the record”). CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 1 of 13
2 I. Petitioner’s Motion to Amend, [Docket No. 28], and Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30]. Petitioner’s Motion to Amend seeks to correct a misstated date2 Petitioner included in his Reply to Respondent’s Response, [Docket No. 24]; include Pam Bondi and William K. Marshall3 as the Respondents in the present action; and request additional relief relating to Pam Bondi specifically. (Pet.’s Am. Writ [Docket No. 28-1] at 3). To the extent Petitioner’s Motion to Amend seeks to correct a misstated date, Petitioner’s Motion to Amend, [Docket No. 28], is GRANTED. The Court will not, however, include Pam Bondi and William K. Marshall as Respondents in this action given “the only proper respondent to a prisoner § 2241 habeas petition is the warden of the BOP facility where the prisoner is being held.” Malcom v. Starr, No. 20-cv-2503 (MJD/LIB), 2021 WL 931213, at *2 (D. Minn. Mar. 11, 2021); see Payen v. Jett, 610 F. App’x 594 (8th Cir. 2015); see also Simon v. L. LaRiva, No. 16-cv-00146, (ADM/TNL), 2016 WL 1626819, at *3 (D. Minn. Mar. 10, 2016), report and recommendation adopted, 2016 WL 1610603 (D. Minn. Apr. 21, 2016). As a result, the Court will also not consider Petitioner’s specific requests for the Court to “certify” to Pam Bondi that § 3625 has been questioned, or Petitioner’s specific requests for Pam Bondi to “release the BOP’s unpublished policy for executing Section 3621(b),” and “‘answer to’ [Petitioner’s] amended issues and requests[.]” (Pet.’s Am. Writ [Docket No. 28- 1] at 3). Thus, to the extent Petitioner’s Motion to Amend seeks to include Pam Bondi and William K. Marshall as Respondents, and include specific requests for relief relating to Pam Bondi, Petitioner’s Motion to Amend, [Docket No. 28], is DENIED. 2 Petitioner erroneously stated he had begun the administrative remedy process in November 2024 instead of October 2024. 3 Pam Bondi is currently serving as the United States Attorney General. William K. Marshall is currently serving as the Director of the Federal Bureau of Prisons. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 2 of 13
3 Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30], seeks to include Petitioner’s argument that consideration of a detainer lodged against him pursuant to an outstanding 2012 arrest warrant in the revocation of Petitioner’s Second Chance Act (hereafter “SCA”) credits is further evidence of the Bureau of Prison’s (hereafter “BOP”) unconstitutional computation of Petitioner’s transfer to pre-release custody date. (Pet.’s Supp. Pleading [Docket No. 30-1] at 2–5). To the extent Petitioner would like the Court to take his additional argument into consideration, Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30], is GRANTED.4 II. Background On June 5, 2013, Petitioner was convicted in the United States District Court for the District of Kansas for Conspiracy to Possess with Intent to Distribute 50 Grams or More of Methamphetamine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). United States v. Redifer, 631 F. App’x 548, 570–71 (10th Cir. 2015).5 Petitioner was sentenced to a 360-month term of imprisonment to be followed by a five-year term of supervised release. United States v. Redifer, 728 F. App’x 804, 805 (10th Cir. 2018). On direct appeal, Petitioner’s case was remanded for resentencing because “the presentence report (PSR) incorrectly calculated the drug quantity attributable to Mr. Redifer.” Id. (citing Redifer, 631 F. App’x at 570, 571). On remand, upon a 4 On December 10, 2025, Petitioner filed a letter to inform the Court of his intention to file another Amended Writ of Habeas Corpus in either January or early February. (See Pet.’s Letter [Docket No. 31]). The Court will not put the present case on hold to provide Petitioner with a third attempt at amending his Writ. The Court’s decision, as outlined herein, will not be subject to change regardless of the content of Petitioner’s amended Writ that he may file in January or February. 5 Notably, Respondents misstate Petitioner’s current charges as “Enticement of a Minor to Engage in Sexual Activity” in their Response to Petition for Writ of Habeas Corpus, [Docket No. 8], and their Response to Petitioner’s Amended Writ of Habeas Corpus, [Docket No. 21]. Petitioner is not currently, and has never, been charged with or served a sentence for Enticement of a Minor to Engage in Sexual Activity. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 3 of 13
4 recalculation of the quantity of drugs, Petitioner’s sentence was lowered from 360-months to 254- months. Redifer, 728 F. App’x at 806.6 Petitioner is now currently incarcerated at FCI Sandstone in Minnesota. (Pet. [Docket No. 1] at 1). III. Discussion In the present Petition, Petitioner argues the BOP has calculated his First Step Act time credits (hereafter “FTCs”) contrary to what is provided in the First Step Act (hereafter “FSA”). (Pet. [Docket No. 1] at 3). Petitioner further contends that proper calculation of his FTCs, in combination with his Good Conduct Time (hereafter “GCT”) days and SCA credits, would have resulted in his transfer into pre-release custody in October 2022. (Id.). As a result, Petitioner seeks an Order from this Court compelling the BOP to transfer him into pre-release custody immediately. (Id.). Petitioner additionally asserts the BOP lacks the authority to even implement the FSA and calculate FTCs. (Id. at 37–40).7 Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30], seeks to bolster Petitioner’s contention that the BOP is unconstitutionally implementing the FSA. (See Pet.’s Supp. Pleading [Docket No. 30-1]). Specifically, Petitioner believes the consideration of a recent detainer lodged against him pursuant to an outstanding 2012 arrest warrant as a basis to revoke his SCA credits was also unconstitutional. (Id. at 2–5). 6 Petitioner then challenged his 254-month sentence, but his appeal was dismissed. See Redifer, 728 F. App’x 804. 7 Given Petitioner alleges the BOP does not have the authority to implement the FSA and calculate FTCs, Petitioner asks this Court to compel the Attorney General to repeal the BOP’s FSA policy and subsequently develop and release a new FSA policy. (Pet. [Docket No. 1] at 3). It is well established, however, that “[a] habeas petition under § 2241 can only challenge the fact or duration of confinement.” Dorsey v. Wilson, No. 14-cv-4803, (SRN/SER), 2015 WL 3948604, at *3 (D. Minn. June 11, 2015), report and recommendation adopted, 2015 WL 3948543 (D. Minn. June 26, 2015); see e.g., Heck v. Humphrey, 512 U.S. 477, 481 (1994); Kruger v. Erickson, 77 F.3d 1071, 1073 (8th Cir. 1996) (per curiam). Thus, this Court will not consider Petitioner’s claims that seek to repeal the current FSA policy and enact a new FSA policy as they are not cognizable claims under a § 2241 habeas petition. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 4 of 13
5 Respondents assert the BOP has correctly calculated and credited Petitioner’s FTCs, in combination with his GCT days and SCA credits, in accordance with the BOP’s reasonable interpretation of the FSA. (Gov’t.’s Response [Docket No. 21] at 12). In support of this assertion, Respondents contend Petitioner’s FTCs were properly calculated pursuant to 18 U.S.C. § 3632(d)(4)(A), with Petitioner earning “10 days of FTCs for his first two 30-day programming periods” and “[o]n July 17, 2019, he began earning 15 days of FTCs for every 30 days of successful programming and has been earning at that rate ever since.” (Id.). Respondents additionally argue this petition lacks “prudential ripeness” as Petitioner is not yet eligible for pre-release placement, and this Court does not have the jurisdiction to review a BOP placement decision. (Id. at 8–10). A. First Step Act On December 21, 2018, the FSA became law. See 18 U.S.C. § 3632. The FSA contains various prison reforms, including the potential for certain federal inmates to earn FTCs which can be applied toward time in pre-release custody or supervised release. See Id. As relevant to the present action, the FSA provides that: A prisoner, except for an ineligible prisoner under subparagraph (D), who successfully completes evidence-based recidivism reduction programming or productive activities, shall earn time credits as follows: (i) A prisoner shall earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities. (ii) A prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities. 18 U.S.C. § 3632(d)(4)(A). CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 5 of 13
6 Congress gave the authority to develop and administer the FSA to the Attorney General and the BOP, and Congress charged the Attorney General with the development of a risk and needs assessment system, through which eligible inmates may earn FTCs. See 18 U.S.C. § 3632(a). Congress also charged the BOP with “determin[ing] the type and amount of evidence-based recidivism reduction programming that is appropriate for each prisoner and assign[ing] each prisoner to such programming accordingly . . . based on the prisoner’s specific criminogenic needs[.]” 18 U.S.C. § 3632(a)(3). The risk and needs assessment system developed by the Attorney General is referred to as the Prisoner Assessment Tool Targeting Estimated Risk and Needs (hereafter “PATTERN”). 18 U.S.C. § 3632(a). This system is used by the BOP to determine an eligible inmate’s recidivism risk; classify each inmate as having minimum, low, medium, or high risk of recidivism; and determine the appropriate type of evidence-based recidivism reduction programming or productive activities appropriate for said inmate. 18 U.S.C. § 3632(a). An inmate’s PATTERN score is to be “periodically” reassessed. 18 U.S.C. § 3632(a)(5). B. The Second Chance Act The BOP maintains the statutory authority to designate an inmate’s place of imprisonment. 18 U.S.C. § 3621(b). When exercising that authority, the BOP considers the following criteria: (1) the resources of the facility contemplated; (2) the nature and circumstances of the offense; (3) the history and characteristics of the prisoner; (4) any statement by the court that imposed the sentence— (A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and (5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 6 of 13
7 18 U.S.C. § 3621(b). Additionally, pursuant to the SCA, the BOP “shall, to the extent practicable, ensure that a prisoner . . . spends a portion of the final months of [the term of imprisonment] (not to exceed 12 months) under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community.” 18 U.S.C. § 3624(c)(1). The SCA further requires all Residential Reentry Center (hereafter “RRC”) assignments to be “(A) conducted in a matter consistent with section 3621(b) of this title; (B) determined on an individual basis; and (C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community.” Kriemelmeyer v. B.O.P., No. 09-cv-1231, (ADM/SRN), 2010 WL 1626884, at *3 (D. Minn. Mar. 24, 2010), report and recommendation adopted, No. 09-cv- 1231, (ADM/SRN), 2010 WL 1626883 (D. Minn. Apr. 21, 2010) (quoting 18 U.S.C. 3624(c)(6)). C. Analysis Petitioner presents his argument as one of statutory interpretation, arguing that the BOP’s calculation of FSA time credits is contrary to statute and ultimately unconstitutional. (See Pet. [Docket No. 1]). Petitioner further alleges the BOP lacks the authority to even implement the FSA or calculate FTCs there under. (Id. at 37–40). Petitioner’s argument necessarily fails as it is based on his own miscalculation of his FTCs and a fundamental misunderstanding of the FSA. Petitioner is eligible to receive FTCs under 18 U.S.C. § 3632(d). (See Gov’t.’s Ex. D [Docket No. 22-4]). Petitioner earned FTCs at a rate of 10 days per every 30 days of programming from December 21, 2018, through July 17, 2019. (Id. at 1). Due to Petitioner maintaining his PATTERN score for two consecutive assessments, on July 17, 2019, he began earning 15 days per every 30 days of programming. (Id.). As of June 18, 2025, Petitioner has earned 365 days of FTCs towards an early release and 790 days of FTCs towards a pre-release RRC or home confinement placement. (Id.). CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 7 of 13
8 Petitioner’s full term prison sentence will expire on May 6, 2034. (Gov’t.’s Ex. A [Docket No. 22-1] at 3). Petitioner is estimated to receive 1142 GCT days, making his projected statutory prison release date March 21, 2031. (Id.).8 Petitioner’s additional 365 FTCs towards early release move his projected release date to March 21, 2030. (Gov’t.’s Ex. D [Docket No. 22-4] at 2). Considering Petitioner’s projected FTCs, Petitioner has an FSA conditional placement date of March 12, 2027. (Id.). Petitioner’s Unit Team additionally recommended he receive the maximum SCA benefit of 365 days, which had placed his conditional transition to community date at March 12, 2026. (Pet.’s Supp. Pleading App’x [Docket No. 30-2] at 29). However, due to a detainer recently lodged against Petitioner pursuant to an outstanding 2012 arrest warrant, he is no longer eligible for the maximum SCA benefit of 365 days. (Id. at 32). Petitioner’s Unit Team has now recommended an RRC placement date of March 22, 2027. (Id.). Petitioner argues proper calculation of his FTCs, in combination with his GCT days and SCA credits, would have resulted in his transfer into pre-release custody on October 2022. This is due to Petitioner’s belief that the BOP has “arbitrarily and capriciously developed a system that is absolutely ‘not in accordance with law’ in any way.” (Pet.’s App’x [Docket No. 5-1] at 24). How Petitioner does his own GCT and FTC calculations and what exact BOP “system” he is referring to is unclear. However, he believes an incorrectly applied “system” has resulted in an unconstitutional computation of his FTCs, and he believes that by his calculation under the FSA he should have been transferred into pre-release custody in October 2022. (Id. at 6). Petitioner’s claim is not cognizable in habeas. Petitioner brings the Petition under 28 U.S.C. § 2241. (See Pet. [Docket No. 1] at 1). In relevant part, § 2241 provides that, “[t]he writ of habeas 8 Inmates may earn fifty-four days of GCT for every year they display “exemplary compliance with institutional disciplinary regulations.” 18 U.S.C. § 3624(b)(1). If the BOP determines an inmate has not “satisfactorily complied with such institutional regulations,” they may receive no credit towards their sentence, or a lesser amount of credit determined by the BOP. (Id.). CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 8 of 13
9 corpus shall not extend to a prisoner unless . . . [he] is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). Because the statute addresses “custody,” the U.S. Court of Appeals for the Eighth Circuit has held that habeas corpus is a proper remedy only when the prisoner is “‘challenging the validity of his conviction or the length of his detention.’” Spencer v. Haynes, 774 F.3d 467, 470 (8th Cir. 2014) (quoting Kruger v. Erickson, 77 F.3d 1071, 1073 (8th Cir. 1996) (per curiam)); see Preiser v. Rodriguez, 411 U.S. 475, 484 (1973) (stating that the “essence of habeas corpus is an attack by a person in custody upon the legality of that custody,” and that habeas’s “traditional function . . . is to secure release from illegal custody”). The relief Petitioner seeks here, less time in prison, more time in an RRC, would reduce his time in a traditional prison setting. For § 2241 purposes, however, transferring a prisoner from a prison to an RRC does not alter the fact that he is still in custody; it merely changes the place of confinement. And so, a petition seeking such a transfer does not challenge the legality of detention and is not cognizable in habeas. See e.g., Hernandez v. Eischen, No. 24-cv-0027 (KMM/DLM), 2024 WL 4839827, at *5 (D. Minn. Oct. 28, 2024), report and recommendation adopted, 2024 WL 4839158 (D. Minn. Nov. 20, 2024); Shay v. Rardin, No. 24-cv-3418 (PAM/DTS), 2024 WL 4574391, at *1 (D. Minn. Sept. 19, 2024), report and recommendation adopted, 2024 WL 4573895 (D. Minn. Oct. 24, 2024). At root, Petitioner's claim here is a conditions-of-confinement claim. When a pro se petitioner improperly raises such a claim in a habeas petition, the District Court should either dismiss the action without prejudice or seek the petitioner’s consent to recharacterize the claim as being brought under a more appropriate procedural vehicle. See Haynes, 774 F.3d at 471. A court addressing the issue should “consider the potential detriment” of recharacterizing the petitioner’s claim. See Spencer, 774 F.3d at 471; Elhers v. Smoot, No. 18- CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 9 of 13
10 cv-1814 (ECT/LIB), 2019 WL 919078, at *4 (D. Minn. Jan. 22, 2019) (referring to Spencer), report and recommendation adopted, 2019 WL 917204 (D. Minn. Feb. 25, 2019). Converting this action into a standard civil case would not benefit Petitioner. Even if one ignores the $350 statutory filing fee for civil actions, a potentially large expense, Petitioner likely cannot state a claim upon which relief could be granted. Petitioner’s belief that proper calculation of his FTCs, in combination with his GCT days and SCA credits, would have resulted in his transfer into pre-release custody in October 2022 is categorically incorrect. This Court finds no substance to the unexplained method by which Petitioner asserts that he is entitled to an October 2022, pre-release transfer date. A proper calculation of Petitioner’s FTCs in compliance with the FSA, in combination with his GCT days and SCA credits, does not result in a pre-release transfer date of October 2022. Accordingly, Petitioner has failed to effectively rebut the BOP’s calculation, which results in a projected RRC placement date of March 22, 2027. To the extent that Petitioner argues the BOP even lacks the authority in the first instance to calculate his FTCs, this argument also fails. Section 3621(b), in relevant part, grants the BOP authority to “designate the place of [a] prisoner’s imprisonment” and explicitly states that “[n]otwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.”9 As a result, courts in this District have consistently held that federal courts lack jurisdiction to review BOP decisions regarding a prisoner’s confinement location. See e.g., Vang v. Eischen, No. 23-cv-721 (JRT/DLM), 2023 WL 5417764, at *5 (D. Minn. Aug. 1, 2023), report and recommendation adopted, 2023 WL 5403793 (D. Minn. Aug. 22, 2023); Cottman v. Fikes, No. 21-cv-2393 (SRN/TNL), 2023 WL 2482878, at *3 (D. 9 While the Administrative Procedure Act (“APA”) allows federal courts to review certain challenges to federal decision-making, 18 U.S.C. § 3625 expressly exempts from APA review BOP decisions made under § 3621. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 10 of 13
11 Minn. Feb. 21, 2023), report and recommendation adopted, 2023 WL 2482879 (D. Minn. Mar. 13, 2023). Considering Petitioner’s erroneous calculation of his FTCs, in combination with his GCT days and SCA credits, and the BOP’s continued authority to designate a prisoner’s place of imprisonment, the Court concludes that recharacterizing Petitioner’s pre-release custody claim into a claim under a nonhabeas procedural vehicle would not benefit him. The Court now considers Petitioner’s additional argument asserted in his Motion to Submit a Supplemental Pleading, [Docket No. 30], which alleges that the BOP improperly considered a recent detainer lodged against him pursuant to an outstanding 2012 arrest warrant when revoking his 365 SCA credits. (Pet.’s Supp. Pleading [Docket No. 30-1] at 2–5).10 The BOP maintains the statutory discretion of whether to place inmates in an RRC facility, and, if placement is appropriate, for how long. See McCarthy v. Fed. Bureau of Prisons, No. 10- cv-745, (PJS/SRN), 2010 WL 4320507 (D. Minn. Sept. 29, 2010), report and recommendation adopted, 2010 WL 4312851 (D. Minn. Oct. 22, 2010). Courts have routinely held that prisoners do not have an enforceable legal right to a twelve-month placement in an RRC. Arthur v. Roal, No. 09-cv-3043 (RHK/JSM), 2010 WL 3025019, at *7 (D. Minn. July 6, 2010) (“[t]here is nothing in [the applicable law] that gives inmates the right to 12 months of RRC placement”); O'Hara v. Rios, No. 08-cv-5160 (JRT/JJK), 2009 WL 3164724, at *2 (D. Minn. Sept. 28, 2009) (citing Elwood v. Jeter, 386 F.3d 842, 847 (8th Cir.2004); Morrow v. Rios, No. 08-cv-320 (JRT/RLE), 2009 WL 924525, at *2 (D. Minn. Mar. 31, 2009)). In fact, a prisoner has no legal right or entitlement to any period of RRC placement. McCarthy, 2010 WL 4320507 *2 (citing Kriemelmeyer, 2010 WL 1626884, at *5. “Rather, federal law simply requires that the BOP make 10 As explained above, the revocation of Petitioner’s SCA credits alters his projected date for transfer into an RRC facility from March 12, 2026, to March 12, 2027. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 11 of 13
12 an individualized determination of the appropriate RRC period, with attention to the specific factors listed in 18 U.S.C. § 3621(b).” O’Hara, 2009 WL 3164724, at *2. Petitioner’s Unit Team, in consideration of Petitioner’s recently issued detainer, revoked Petitioner’s previously recommended 365 SCA credits towards pre-release placement in an RRC. When considering an inmates allotted RRC period, “Section 3621(b) expressly authorizes consideration of ‘the history and characteristics of the prisoner,’ criteria that plausibly include the petitioner’s criminal history.” McCarthy, 2010 WL 4320507 *3 (quoting 18 U.S.C. § 3621(b)). Section 3621(b) provides for the consideration of an inmate’s criminal history, which would logically include Petitioner’s recent detainer related to an outstanding 2012 warrant. There is nothing on the record now before the Court to reflect any improper consideration by the BOP in revoking Petitioner’s 365 SCA credits. Accordingly, the undersigned will recommend denying the Petition in its entirety. IV. Conclusion Therefore, based on the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. Petitioner’s Motion to Amend, [Docket No. 28], is GRANTED, in part, and DENIED, in part, as set forth above; and 2. Petitioner’s Motion to Submit a Supplemental Pleading, [Docket No. 30], is GRANTED, as set forth above. Further, IT IS HEREBY RECOMMENDED THAT: 1. Redifer’s Petition for a Writ of Habeas Corpus, [Docket No. 1], be DENIED; and 2. The present action be DISMISSED without prejudice. CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 12 of 13
13 Dated: December 29, 2025 s/Leo I. Brisbois Hon. Leo I. Brisbois U.S. MAGISTRATE JUDGE N O T I C E Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “[a] party may file and serve specific written objections to a magistrate judge’s proposed findings and recommendations within 14 days after being served with a copy of the recommended disposition.” A party may respond to those objections within 14 days after being served a copy of the objections. LR 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in LR 72.2(c). CASE 0:25-cv-00933-ECT-LIB Doc. 33 Filed 12/30/25 Page 13 of 13
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