Garibay v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Victor Leonardo Garibay, File No. 25-cv-2236 (ECT/ECW) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Eischen, FPC Duluth, and FBOP, Respondents.
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on September 3, 2025. ECF No. 11. No party has objected to that Report and Recommendation, and it is therefore reviewed 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 on all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 11] is ACCEPTED.
2. Petitioner Victor Leonardo Garibay’s petition for a writ of habeas corpus [ECF No. 1] is DENIED WITHOUT PREJUDICE.
3. This action is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 2, 2025 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Victor Leonardo Garibay, File No. 25-cv-2236 (ECT/ECW) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Eischen, FPC Duluth, and FBOP, Respondents.
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on September 3, 2025. ECF No. 11. No party has objected to that Report and Recommendation, and it is therefore reviewed 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 on all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 11] is ACCEPTED.
2. Petitioner Victor Leonardo Garibay’s petition for a writ of habeas corpus [ECF No. 1] is DENIED WITHOUT PREJUDICE.
3. This action is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 2, 2025 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.