Stewart v. Eischen
- Eric Tostrud
- 0:24-cv-03432
- U.S. District Court · District of Minnesota
- 1
In Stewart v. Eischen, Judge Tostrud accepted the recommendation, denied Stewart’s petition, and dismissed the matter with prejudice.
Fredrick Stewart’s habeas petition was denied, and the matter was dismissed with prejudice. The respondent was B. Eischen, FPC Duluth.
What happened
Fredrick Stewart filed a petition for a writ of habeas corpus against B. Eischen, FPC Duluth. Magistrate Judge Leo I. Brisbois recommended a result on September 9, 2024, and no party objected.
The court reviewed the recommendation for clear error and found none. It accepted the recommendation, denied Stewart’s petition, and dismissed the matter with prejudice.
In Stewart v. Eischen, Judge Eric C. Tostrud ordered that judgment be entered. The opinion excerpt does not explain the recommendation’s underlying reasoning.
The detailed version
- Stewart v. Eischen · No. 0:24-cv-03432
- Eric Tostrud
- Oct. 16, 2024
Background
Fredrick Stewart was the petitioner, and B. Eischen, FPC Duluth, was the respondent. Stewart filed a petition for a writ of habeas corpus. Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 9, 2024.
Court’s review
No party objected to the Report and Recommendation. Under the court’s stated procedure, the recommendation was therefore reviewed for clear error, meaning an obvious mistake. The court found no clear error based on the case records and proceedings.
Ruling
The court accepted the Report and Recommendation. It denied Fredrick Stewart’s petition for a writ of habeas corpus and dismissed the matter with prejudice, meaning the matter was dismissed in a way that bars refiling the same matter. The court ordered that judgment be entered.
The provided opinion text does not state the underlying reason for denying the petition or explain the Report and Recommendation’s analysis.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.