Faleide v. Eischen

U.S. District Court, District of Minnesota

Faleide v. Eischen

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Eric Alan Faleide,                         Civ. No. 24-3325 (JWB/SGE)    

               Petitioner,                                               
                                         ORDER ACCEPTING                 
v.                                REPORT AND RECOMMENDATION              
                                      OF MAGISTRATE JUDGE                
Eischen, FPC Duluth Warden,                                              

               Respondent.                                               


    United States Magistrate Judge Shannon G. Elkins issued a Report and 
Recommendation (“R&R”) on November 13, 2024. (Doc. No. 11.) 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 November 13, 2024 Report and Recommendation (Doc. No. 11) is  
ACCEPTED; and                                                             
    2.   Petitioner Eric Alan Faleide’s Petition for a Writ of Habeas Corpus under 
28 U.S.C. § 2241
 (Doc. No. 1) is DENIED. This action is DISMISSED WITHOUT 
PREJUDICE for lack of jurisdiction.                                       
    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

 Date: December 18, 2024           s/ Jerry W. Blackwell                 
                                  JERRY W. BLACKWELL                     
                                  United States District Judge           

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Eric Alan Faleide,                         Civ. No. 24-3325 (JWB/SGE)    

               Petitioner,                                               
                                         ORDER ACCEPTING                 
v.                                REPORT AND RECOMMENDATION              
                                      OF MAGISTRATE JUDGE                
Eischen, FPC Duluth Warden,                                              

               Respondent.                                               


    United States Magistrate Judge Shannon G. Elkins issued a Report and 
Recommendation (“R&R”) on November 13, 2024. (Doc. No. 11.) 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 November 13, 2024 Report and Recommendation (Doc. No. 11) is  
ACCEPTED; and                                                             
    2.   Petitioner Eric Alan Faleide’s Petition for a Writ of Habeas Corpus under 
28 U.S.C. § 2241
 (Doc. No. 1) is DENIED. This action is DISMISSED WITHOUT 
PREJUDICE for lack of jurisdiction.                                       
    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

 Date: December 18, 2024           s/ Jerry W. Blackwell                 
                                  JERRY W. BLACKWELL                     
                                  United States District Judge           

Reference

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