Foos v. Eischen
Foos v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Michael Justin Foos, Civ. No. 22-398 (JWB/DJF) Petitioner, v. ORDER B. Eischen, FPC-Duluth Warden, Respondent.
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Dulce J. Foster dated March 14, 2023. (Doc.
No. 17.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the 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). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The March 14, 2023 Report and Recommendation (Doc. No. 17) is ACCEPTED; 2. Petitioner Michael Justin Foos’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1) is DENIED; and 3. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: April 5, 2023 s/ Jerry W. Blackwell_______ JERRY W. BLACKWELL United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Michael Justin Foos, Civ. No. 22-398 (JWB/DJF) Petitioner, v. ORDER B. Eischen, FPC-Duluth Warden, Respondent.
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Dulce J. Foster dated March 14, 2023. (Doc.
No. 17.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the 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). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The March 14, 2023 Report and Recommendation (Doc. No. 17) is ACCEPTED; 2. Petitioner Michael Justin Foos’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1) is DENIED; and 3. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: April 5, 2023 s/ Jerry W. Blackwell_______ JERRY W. BLACKWELL United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.