Morrow v. Eischen

U.S. District Court, District of Minnesota

Morrow v. Eischen

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Dale Dexter Morrow, Jr.,           Case No. 23-CV-2137 (JMB/DTS)         

               Petitioner,                                               


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


B. Eischen, FPC-Duluth Warden,                                           

               Respondent.                                               


    This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge David T. Schultz dated April 8, 2024.  (Doc. No. 21.)  The 
R&R recommends that Petitioner Dale Dexter Morrow’s Petition for Writ of Habeas 
Corpus under 
28 U.S.C. § 2241
 (Doc. No. 1) be denied as moot and that his request for 
additional time in a Residential Reentry Center (RRC) (Doc. No. 1-1) also be denied.  (See 
Doc. No. 21.)  Morrow did not file any objections to the R&R, and the time to do so has 
now passed.  See D. Minn. L.R. 72.2(b)(1).                                
    In the absence of timely objections, the Court reviews the R&R 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 R&R (Doc. No. 21) is ADOPTED;                              
      2.  Petitioner’s Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED 
         AS MOOT;                                                        
      3.  Petitioner’s  request  for  additional  time  in  an  RRC  (Doc.  No.  1-1)  is 
         DENIED; and                                                     

      4.  This matter is DISMISSED WITH PREJUDICE.                       


    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: May 1, 2024                      /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Dale Dexter Morrow, Jr.,           Case No. 23-CV-2137 (JMB/DTS)         

               Petitioner,                                               


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


B. Eischen, FPC-Duluth Warden,                                           

               Respondent.                                               


    This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge David T. Schultz dated April 8, 2024.  (Doc. No. 21.)  The 
R&R recommends that Petitioner Dale Dexter Morrow’s Petition for Writ of Habeas 
Corpus under 
28 U.S.C. § 2241
 (Doc. No. 1) be denied as moot and that his request for 
additional time in a Residential Reentry Center (RRC) (Doc. No. 1-1) also be denied.  (See 
Doc. No. 21.)  Morrow did not file any objections to the R&R, and the time to do so has 
now passed.  See D. Minn. L.R. 72.2(b)(1).                                
    In the absence of timely objections, the Court reviews the R&R 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 R&R (Doc. No. 21) is ADOPTED;                              
      2.  Petitioner’s Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED 
         AS MOOT;                                                        
      3.  Petitioner’s  request  for  additional  time  in  an  RRC  (Doc.  No.  1-1)  is 
         DENIED; and                                                     

      4.  This matter is DISMISSED WITH PREJUDICE.                       


    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: May 1, 2024                      /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Reference

Status
Unknown