Ybarra v. Kallis
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Jeremiah Ybarra, Case No. 21-cv-1846 (WMW/HB) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Warden Kallis, Respondent.
Before the Court is the August 30, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 4.) No objections to the R&R were filed. In the absence of timely objections, this Court reviews an 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).
Having reviewed the R&R, the Court finds no clear error. Based on the R&R, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 30, 2021 R&R, (Dkt. 4), is ADOPTED.
2. Petitioner Jeremiah Ybarra’s application to proceed in forma pauperis, (Dkt.
3), is DENIED as moot.
3. Petitioner Jeremiah Ybarra’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 27, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Jeremiah Ybarra, Case No. 21-cv-1846 (WMW/HB) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Warden Kallis, Respondent.
Before the Court is the August 30, 2021 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 4.) No objections to the R&R were filed. In the absence of timely objections, this Court reviews an 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).
Having reviewed the R&R, the Court finds no clear error. Based on the R&R, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 30, 2021 R&R, (Dkt. 4), is ADOPTED.
2. Petitioner Jeremiah Ybarra’s application to proceed in forma pauperis, (Dkt.
3), is DENIED as moot.
3. Petitioner Jeremiah Ybarra’s petition for a writ of habeas corpus, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 27, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.