Ward v. Eischen
Ward v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Spencer Troy Ward, No. 22-cv-1332 (KMM/DTS) Petitioner, v. ORDER B. Eischen, Respondent.
The matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate David T. Schultz, dated March, 21, 2023. ECF No. 11. The R&R recommends that that Spencer Troy Ward’s habeas petition, brought pursuant to 28 U.S.C. § 2241, be denied for lack of ripeness and that this action should be dismissed without prejudice. The deadline for objecting to the R&R pursuant to D. Minn. LR 72.2(b) was April 4, 2023 and none have been filed.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D.
Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on a careful review of the R&R and the record in this case, the Court finds no clear error with the R&R’s legal conclusions that Mr. Ward’s habeas petition should be denied on the ground of ripeness and that the action should be dismissed without prejudice.
Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation [ECF No. 11] is ACCEPTED.
2. Mr. Ward’s habeas petition [ECF No. 1] is DENIED.
3. This action is DISMISSED WITHOUT PREJUDICE.
Let Judgment Be Entered Accordingly.
Date: May 8, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Spencer Troy Ward, No. 22-cv-1332 (KMM/DTS) Petitioner, v. ORDER B. Eischen, Respondent.
The matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate David T. Schultz, dated March, 21, 2023. ECF No. 11. The R&R recommends that that Spencer Troy Ward’s habeas petition, brought pursuant to 28 U.S.C. § 2241, be denied for lack of ripeness and that this action should be dismissed without prejudice. The deadline for objecting to the R&R pursuant to D. Minn. LR 72.2(b) was April 4, 2023 and none have been filed.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D.
Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on a careful review of the R&R and the record in this case, the Court finds no clear error with the R&R’s legal conclusions that Mr. Ward’s habeas petition should be denied on the ground of ripeness and that the action should be dismissed without prejudice.
Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation [ECF No. 11] is ACCEPTED.
2. Mr. Ward’s habeas petition [ECF No. 1] is DENIED.
3. This action is DISMISSED WITHOUT PREJUDICE.
Let Judgment Be Entered Accordingly.
Date: May 8, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.