U.S. District Court, District of Minnesota, 2020

Gruzebeck v. Fikes

Gruzebeck v. Fikes
U.S. District Court, District of Minnesota · Decided March 6, 2020

Gruzebeck v. Fikes

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Lex Michael Gruzebeck, File No. 19-cv-3035 (ECT/BRT) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden Fikes, F.C.I. Sandstone, Respondent. ________________________________________________________________________ United States Magistrate Judge Becky R. Thorson issued a Report and Recommendation on January 29, 2020. ECF No. 4. No party has objected to that Report and Recommendation, and it is therefore reviewed 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 ORDERED THAT: 1. The Report and Recommendation [ECF No. 4] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 6, 2020 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Lex Michael Gruzebeck, File No. 19-cv-3035 (ECT/BRT) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden Fikes, F.C.I. Sandstone, Respondent. ________________________________________________________________________ United States Magistrate Judge Becky R. Thorson issued a Report and Recommendation on January 29, 2020. ECF No. 4. No party has objected to that Report and Recommendation, and it is therefore reviewed 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 ORDERED THAT: 1. The Report and Recommendation [ECF No. 4] is ACCEPTED; 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 6, 2020 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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