Glover v. State of Minnesota
- Katherine Menendez
- 0:24-cv-01125
- U.S. District Court · District of Minnesota
- 2
In Glover v. State of Minnesota, Judge Menendez denied Glover’s petition challenging state custody, denied his fee application as moot, and dismissed the matter without prejudice.
Andrew Glover’s federal petition and fee application were denied, and his case was dismissed without prejudice. The State of Minnesota was the respondent.
What happened
Andrew Glover petitioned the federal court under 28 U.S.C. § 2254, challenging his custody under state authority. The court considered a magistrate judge’s report and recommendation, and no objections were filed.
Because there were no objections, the court reviewed the report for clear error. It found no error and accepted the report in full.
Judge Katherine Menendez denied Glover’s petition, denied his application to proceed without prepaying fees or costs as moot, and dismissed the matter without prejudice.
The detailed version
- Glover v. State of Minnesota · No. 0:24-cv-01125
- Katherine Menendez
- Aug. 21, 2024
Background
Andrew Glover filed a petition under 28 U.S.C. § 2254, which permits a person in state custody to seek a federal court order concerning that custody. He also applied to proceed without prepaying court fees or costs.
United States Magistrate Judge Dulce J. Foster issued a report and recommendation dated June 14, 2024. The opinion states that no objections were filed within the permitted period.
Court’s Review
Because no objections were filed, the court reviewed the report and recommendation for clear error rather than conducting a new review of each disputed issue. The court stated that it carefully reviewed the report and the record and found no error, clear or otherwise. It accepted the report and recommendation in full.
Ruling
The court denied Glover’s petition under § 2254. It denied his application to proceed without prepaying fees or costs as moot. The court also dismissed the matter without prejudice and directed that judgment be entered accordingly.
Classification
This is a procedural order because the opinion adopts the report and recommendation after clear-error review without analyzing the substance of Glover’s custody challenge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.