U.S. District Court, District of Minnesota, 2024

Sharma v. Eischen

Sharma v. Eischen
U.S. District Court, District of Minnesota · Decided September 13, 2024
Sharma v. Eischen

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Aditya Raj Sharma, Civ. No. 24-2619 (JWB/DJF) Petitioner, ORDER ACCEPTING IN PART v. REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Billy Eischen, Warden, FPC Duluth, Respondent.

United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on August 28, 2024. (Doc. No. 20.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed 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, no clear error is found.

Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in this case, IT IS HEREBY ORDERED that: 1. The August 28, 2024 Report and Recommendation (Doc. No. 20) is ACCEPTED IN PART to the extent it recommends dismissal for lack of jurisdiction; 2. Petitioner Aditya Raj Sharma’s amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. Nos. 1, 4) is DENIED for lack of jurisdiction; 3. Petitioner’s Motion for Expedited Hearing (Doc. No. 9) is DENIED; 4. Petitioner’s Motion for Sanctions and Criminal Charges (Doc. No. 11) is DENIED; and 5. This matter is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: September 13, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Aditya Raj Sharma, Civ. No. 24-2619 (JWB/DJF) Petitioner, ORDER ACCEPTING IN PART v. REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Billy Eischen, Warden, FPC Duluth, Respondent.

United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on August 28, 2024. (Doc. No. 20.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed 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, no clear error is found.

Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in this case, IT IS HEREBY ORDERED that: 1. The August 28, 2024 Report and Recommendation (Doc. No. 20) is ACCEPTED IN PART to the extent it recommends dismissal for lack of jurisdiction; 2. Petitioner Aditya Raj Sharma’s amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. Nos. 1, 4) is DENIED for lack of jurisdiction; 3. Petitioner’s Motion for Expedited Hearing (Doc. No. 9) is DENIED; 4. Petitioner’s Motion for Sanctions and Criminal Charges (Doc. No. 11) is DENIED; and 5. This matter is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: September 13, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge

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