Maestas v. Eischen
Maestas v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
ELESAIO BEN GUZM MAESTAS, Case No. 25-cv-1985 (LMP/SGE) Petitioner, v. ORDER ADOPTING B. EISCHEN; FPC DULUTH; and FBOP, REPORT AND RECOMMENDATION Respondents.
This matter is before the Court on the May 16, 2025 Report and Recommendation (“R&R”) of United States Magistrate Judge Shannon G. Elkins, which recommends dismissing the pending habeas petition. See ECF No. 4. No party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Discerning no clear error, the Court adopts the R&R in full.
ORDER Based upon all the files, records, and proceedings in this matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (ECF No. 4) is ADOPTED IN FULL; and 2. The Petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 30, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
ELESAIO BEN GUZM MAESTAS, Case No. 25-cv-1985 (LMP/SGE) Petitioner, v. ORDER ADOPTING B. EISCHEN; FPC DULUTH; and FBOP, REPORT AND RECOMMENDATION Respondents.
This matter is before the Court on the May 16, 2025 Report and Recommendation (“R&R”) of United States Magistrate Judge Shannon G. Elkins, which recommends dismissing the pending habeas petition. See ECF No. 4. No party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Discerning no clear error, the Court adopts the R&R in full.
ORDER Based upon all the files, records, and proceedings in this matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (ECF No. 4) is ADOPTED IN FULL; and 2. The Petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 30, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.