McCarty v. Marques
McCarty v. Marques
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Brian McCarty, File No. 18-cv-00791 (ECT/KMM) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden R. Marques, Respondent. ________________________________________________________________________ The Court has received the January 4, 2019 Report and Recommendation of United States Magistrate Judge Katherine Menendez. ECF No. 21. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 21] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as moot; 3. The Emergency Motion to Expedite Consideration of 2241 Petition [ECF No. 3] is DENIED as moot; and 4. The action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 23, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Brian McCarty, File No. 18-cv-00791 (ECT/KMM) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden R. Marques, Respondent. ________________________________________________________________________ The Court has received the January 4, 2019 Report and Recommendation of United States Magistrate Judge Katherine Menendez. ECF No. 21. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 21] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as moot; 3. The Emergency Motion to Expedite Consideration of 2241 Petition [ECF No. 3] is DENIED as moot; and 4. The action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 23, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.