UNITED STATES DISTRICT COURT                             
                  DISTRICT OF MINNESOTA                                


Jimmy McField,                             Civ. No. 22-1362 (JWB/DJF)     

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

            Respondent.                                                


  United States Magistrate Judge Dulce J. Foster issued a Report and   
Recommendation (“R&R”) on January 5, 2024. (Doc. No. 13.) No objections have been 
filed to that R&R in the time permitted. In the absence of timely objections, the R&R is 
reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 

 
(8th Cir. 1996). Upon review of the R&R, no clear error is found.         
  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 January 5, 2024 Report and Recommendation (Doc. No. 13) is  
ACCEPTED as modified to remove language recommending dismissal without    
prejudice;1 and                                                           
  2.   Petitioner Jimmy McField’s Petition for a Writ of Habeas Corpus under 

 (Doc. No. 1) is DENIED with prejudice.                      


1    Denial of the Petition on its merits operates as a final judgment,and therefore, this 
matter is denied with prejudice. .                                        
LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Date: February 22, 2024           s/ Jerry W. Blackwell                 
                              JERRY W. BLACKWELL                     
                              United States District Judge           

              UNITED STATES DISTRICT COURT                             
                  DISTRICT OF MINNESOTA                                


Jimmy McField,                             Civ. No. 22-1362 (JWB/DJF)     

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

            Respondent.                                                


  United States Magistrate Judge Dulce J. Foster issued a Report and   
Recommendation (“R&R”) on January 5, 2024. (Doc. No. 13.) No objections have been 
filed to that R&R in the time permitted. In the absence of timely objections, the R&R is 
reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 

 
(8th Cir. 1996). Upon review of the R&R, no clear error is found.         
  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 January 5, 2024 Report and Recommendation (Doc. No. 13) is  
ACCEPTED as modified to remove language recommending dismissal without    
prejudice;1 and                                                           
  2.   Petitioner Jimmy McField’s Petition for a Writ of Habeas Corpus under 

 (Doc. No. 1) is DENIED with prejudice.                      


1    Denial of the Petition on its merits operates as a final judgment,and therefore, this 
matter is denied with prejudice. .                                        
LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Date: February 22, 2024           s/ Jerry W. Blackwell                 
                              JERRY W. BLACKWELL                     
                              United States District Judge