Flynn v. Eischen
Flynn v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Scott Phillip Flynn, File No. 22-cv-1265 (ECT/LIB) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Eischen, FPC-Duluth Warden, Respondent. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 26, 2022. ECF No. 16. Defendant filed a request to extend time to respond to the Report and Recommendation on November 7, 2022. ECF No. 17. That request was granted, and it was ordered that any objections to the Report and Recommendation shall be filed on or before December 27, 2022. ECF No. 18. 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. 16] is ACCEPTED; and 2. Plaintiff’s Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED; and 3. This case is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 25, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Scott Phillip Flynn, File No. 22-cv-1265 (ECT/LIB) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Eischen, FPC-Duluth Warden, Respondent. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 26, 2022. ECF No. 16. Defendant filed a request to extend time to respond to the Report and Recommendation on November 7, 2022. ECF No. 17. That request was granted, and it was ordered that any objections to the Report and Recommendation shall be filed on or before December 27, 2022. ECF No. 18. 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. 16] is ACCEPTED; and 2. Plaintiff’s Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED; and 3. This case is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 25, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.