Stewart v. Eischen

U.S. District Court, District of Minnesota

Stewart v. Eischen

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Fredrick Stewart,                      File No. 24-cv-3432 (ECT/LIB)      

     Petitioner,                                                     

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
B. Eischen, FPC Duluth,                                                   

     Respondent.                                                     
________________________________________________________________________  
Magistrate  Judge  Leo  I.  Brisbois  issued  a  Report  and  Recommendation  on 
September  9,  2024.    ECF  No.  5.    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. 5] is ACCEPTED.           
2.  Petitioner Fredrick Stewart’s Petition for a Writ of Habeas Corpus [ECF No. 1] 
is DENIED.                                                                
3.  This matter is DISMISSED WITH PREJUDICE.                         
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  October 16, 2024             s/ Eric C. Tostrud                   
                                Eric C. Tostrud                      
                                United States District Court         

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Fredrick Stewart,                      File No. 24-cv-3432 (ECT/LIB)      

     Petitioner,                                                     

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
B. Eischen, FPC Duluth,                                                   

     Respondent.                                                     
________________________________________________________________________  
Magistrate  Judge  Leo  I.  Brisbois  issued  a  Report  and  Recommendation  on 
September  9,  2024.    ECF  No.  5.    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. 5] is ACCEPTED.           
2.  Petitioner Fredrick Stewart’s Petition for a Writ of Habeas Corpus [ECF No. 1] 
is DENIED.                                                                
3.  This matter is DISMISSED WITH PREJUDICE.                         
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  October 16, 2024             s/ Eric C. Tostrud                   
                                Eric C. Tostrud                      
                                United States District Court         

Reference

Status
Unknown