Joseph Butcher v. Clay County

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

JOSEPH BUTCHER, Case No. 26-cv-801 (LMP/JFD) Petitioner, ORDER ADOPTING v. REPORT AND RECOMMENDATION CLAY COUNTY, Respondent.

This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty. ECF No. 4. The R&R concludes that Petitioner Joseph Butcher’s petition for a writ of habeas corpus (ECF No. 1) should be denied in its entirety, and that his application to proceed in forma pauperis (“IFP”) (ECF No. 3) should be denied as moot. Id. at 7.

Butcher did not file objections to the R&R, so the Court reviews it for clear error.

See Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no error and adopts it in full.

Accordingly, based on the foregoing, and on all the files, records, and proceedings in this matter, IT IS HEREBY ORDERED that: 1. Butcher’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) is DENIED WITHOUT PREJUDICE in its entirety; and 2. Butcher’s IFP application (ECF No. 3) is DENIED as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: April 6, 2026 s/Laura M. Provinzino Laura M. Provinzino United States District Judge