Johnny E. Silva v. B. Eischen, Warden

Summary

The United States District Court for the District of Minnesota adopts a magistrate judge's Report and Recommendation concerning Johnny E. Silva's habeas petition. The court denies the petition and dismisses the action without prejudice after finding no clear error and noting that neither party filed timely objections.

Holdings

1. When neither party timely objects to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error.
2. The Report and Recommendation was properly adopted; Silva's habeas petition was denied and the action was dismissed without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when neither party timely objected.
2. Whether the habeas petition should be denied and the action dismissed without prejudice.

Disposition

dismissed