Young v. Eischen

U.S. District Court, District of Minnesota

Young v. Eischen

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                

 HOWARD YOUNG,                      Case No. 23-CV-3227 (PJS/JFD)        

               Petitioner,                                               

 v.                               ORDER ADOPTING REPORT AND              
                                       RECOMMENDATION                    
 WARDEN B. EISCHEN,                                                      

               Respondent.                                               


    Petitioner Howard Young, pro se.                                     

    Kristen Elise Rau and Ana H. Voss, United States Attorney’s Office, for respondent 
    B. Eischen                                                           

    ***                                                                  

    The  Court  has  received  the  Report  and  Recommendation  of  United  States 
Magistrate Judge John F. Docherty. [ECF No. 9.] No party has objected to that Report and 
Recommendation, and the Court therefore reviews it 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 the files, records, and proceedings in the above-captioned matter, 
IT IS HEREBY ORDERED THAT:                                                
         1.  The Report and Recommendation [ECF No. 9] is ADOPTED.       
         2.  The petition for a writ of habeas corpus of petitioner Howard Young [ECF 
           No. 1] is DENIED.                                             
         3.  This  matter  is  DISMISSED  WITHOUT  PREJUDICE  for  lack  of 
           jurisdiction.                                                 
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      



Date: February 5, 2024          s/Patrick J. Schiltz                     
                                PATRICK J. SCHILTZ                       
                                Chief United States District Judge       

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                

 HOWARD YOUNG,                      Case No. 23-CV-3227 (PJS/JFD)        

               Petitioner,                                               

 v.                               ORDER ADOPTING REPORT AND              
                                       RECOMMENDATION                    
 WARDEN B. EISCHEN,                                                      

               Respondent.                                               


    Petitioner Howard Young, pro se.                                     

    Kristen Elise Rau and Ana H. Voss, United States Attorney’s Office, for respondent 
    B. Eischen                                                           

    ***                                                                  

    The  Court  has  received  the  Report  and  Recommendation  of  United  States 
Magistrate Judge John F. Docherty. [ECF No. 9.] No party has objected to that Report and 
Recommendation, and the Court therefore reviews it 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 the files, records, and proceedings in the above-captioned matter, 
IT IS HEREBY ORDERED THAT:                                                
         1.  The Report and Recommendation [ECF No. 9] is ADOPTED.       
         2.  The petition for a writ of habeas corpus of petitioner Howard Young [ECF 
           No. 1] is DENIED.                                             
         3.  This  matter  is  DISMISSED  WITHOUT  PREJUDICE  for  lack  of 
           jurisdiction.                                                 
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      



Date: February 5, 2024          s/Patrick J. Schiltz                     
                                PATRICK J. SCHILTZ                       
                                Chief United States District Judge       

Reference

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