Garcia v. Eischen
Garcia v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Sergio Garcia, Civ. No. 23-169 (JWB/ECW) Petitioner, ORDER ACCEPTING v. REPORT AND RECOMMENDATION OF B. Eischen, MAGISTRATE JUDGE FPC-Duluth Warden, Respondent.
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Elizabeth Cowan Wright dated April 14, 2023. (Doc. No. 27.) 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. Petitioner Sergio Garcia’s habeas corpus petition will therefore be denied.1 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 April 14, 2023 Report and Recommendation (Doc. No. 11) is ACCEPTED; 2. Petitioner Sergio Garcia’s Petition for Writ of Habeas Corpus under This Order does not address Petitioner’s civil rights action, which is based on the same circumstances. See Garcia v. Eischen et al., 23-cv-00261 (JWB/ECW). 28 U.S.C. § 2241 (Doc. No. 1) is DENIED; 3. Petitioner Sergio Garcia’s Motion for Injunction or Other Relief (Doc.
No. 10) is DENIED as moot; 4. Petitioner Sergio Garcia’s Motion for Summary Judgment (Doc. No. 22) is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: May 11, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Sergio Garcia, Civ. No. 23-169 (JWB/ECW) Petitioner, ORDER ACCEPTING v. REPORT AND RECOMMENDATION OF B. Eischen, MAGISTRATE JUDGE FPC-Duluth Warden, Respondent.
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Elizabeth Cowan Wright dated April 14, 2023. (Doc. No. 27.) 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. Petitioner Sergio Garcia’s habeas corpus petition will therefore be denied.1 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 April 14, 2023 Report and Recommendation (Doc. No. 11) is ACCEPTED; 2. Petitioner Sergio Garcia’s Petition for Writ of Habeas Corpus under This Order does not address Petitioner’s civil rights action, which is based on the same circumstances. See Garcia v. Eischen et al., 23-cv-00261 (JWB/ECW). 28 U.S.C. § 2241 (Doc. No. 1) is DENIED; 3. Petitioner Sergio Garcia’s Motion for Injunction or Other Relief (Doc.
No. 10) is DENIED as moot; 4. Petitioner Sergio Garcia’s Motion for Summary Judgment (Doc. No. 22) is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: May 11, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.