Summary
This United States District Court for the District of Minnesota order adopts a magistrate judge’s report and recommendation regarding a pro se plaintiff’s petition for a writ of habeas corpus. Finding no clear error, the court denies the habeas petition and the plaintiff’s application to proceed in forma pauperis as moot. The action is subsequently dismissed without prejudice.
Topics
Practice areas
Questions Presented
- Whether the magistrate’s recommendation to deny the habeas petition should be affirmed under the clear error standard.
Holdings
- The court found no clear error in the magistrate’s recommendation and therefore adopted it, denying the petition and dismissing the action without prejudice.
Key quotations
“The R&R (Doc. No. 5) is ADOPTED; Plaintiff Eduardo Moreno’s Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED; Moreno’s Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 4) is DENIED as moot; and the action is DISMISSED without prejudice.”
Factual background
Eduardo Moreno, a self‑represented prisoner, filed a petition for a writ of habeas corpus in the District of Minnesota against B. Eischen, FPC Duluth. The United States Attorney’s Office represented the defendant.
Procedural history
The United States Magistrate John F. Docherty recommended denial of the petition. The district court reviewed the recommendation for clear error, found none, and adopted the recommendation.