Eggleston v. Birkholz
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Antoine Eggleston, File No. 21-cv-01643 (ECT/LIB) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Birkholz, Warden of Federal Prison Camp Duluth; In there official capacities, and Michael Carvajal, Director of the Federal Bureau of Prisons; In there official capacities, Defendants. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 24, 2021. ECF No. 6. 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. 6] is ACCEPTED; and 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 3, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Antoine Eggleston, File No. 21-cv-01643 (ECT/LIB) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Birkholz, Warden of Federal Prison Camp Duluth; In there official capacities, and Michael Carvajal, Director of the Federal Bureau of Prisons; In there official capacities, Defendants. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 24, 2021. ECF No. 6. 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. 6] is ACCEPTED; and 2. The Petition for Writ of Habeas Corpus [ECF No. 1] is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 3, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.