McField v. Eischen
McField v. Eischen
Trial Court Opinion
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, 73 F.3d 793, 795 (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 28 U.S.C. § 2241 (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
Trial Court Opinion
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, 73 F.3d 793, 795 (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 28 U.S.C. § 2241 (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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.