Braun v. MCF-Rush City Warden et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Nathan Christopher Braun,
Petitioner,
v.
MCF-Rush City Warden; MNDOC
Commissioner; MNDOC HUR; and
MNDOC ISR,
Respondents.
Case No. 26-CV-00520 (JMB/DLM)
ORDER
Nathan Christopher Braun, Rush City, MN, self-represented.
Thomas R. Ragatz, Minnesota Attorney General’s Office, St. Paul, MN, for Respondents.
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Douglas L. Micko dated January 28, 2026. 	(Doc. No. 3.) 	The
R&R recommends that Petitioner Nathan Christopher Braun’s petition for a writ of habeas
corpus be denied because Braun raised issues in his petition that either are not cognizable
or for which he failed to exhaust his administrative remedies. (See id. at 3–6.) The R&R
also recommends that, because the grounds for the petition’s dismissal exclude the issuance
of certificate of appealability, such a certificate shall not be issued. 	(Id. at 6.) 	Neither
party has objected to the R&R, and the time to do so has now passed. See D. Minn. L.R.
72.2(b)(1).
In the absence of timely objections, the Court reviews the R&R for clear error. See
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
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Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:
1. 	The R&R (Doc. No. 3) is ADOPTED.
2. 	The Petition (Doc. No. 1) is DENIED.
3. 	Petitioner’s pending IFP Application (Doc. No. 2) is DENIED AS MOOT.
4. 	No certificate of appealability shall issue.
5. 	The Court dismisses this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 9, 2026 	/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court
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