U.S. District Court, District of Minnesota, 2022

Franklin v. Warden

Franklin v. Warden
U.S. District Court, District of Minnesota · Decided November 14, 2022

Franklin v. Warden

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gordon Franklin, Jr., File No. 22-cv-2311 (ECT/JFD) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden, Rochester Medical Center, Respondent. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on October 20, 2022. ECF No. 5. 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 the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Gordon Franklin Jr.’s petition for a writ of habeas corpus [ECF No. 1] is SUMMARILY DISMISSED; and 3. Franklin’s application to proceed in forma pauperis [ECF No. 3] is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 14, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gordon Franklin, Jr., File No. 22-cv-2311 (ECT/JFD) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Warden, Rochester Medical Center, Respondent. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on October 20, 2022. ECF No. 5. 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 the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Gordon Franklin Jr.’s petition for a writ of habeas corpus [ECF No. 1] is SUMMARILY DISMISSED; and 3. Franklin’s application to proceed in forma pauperis [ECF No. 3] is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 14, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Case-law data current through December 31, 2025. Source: CourtListener bulk data.