Hernandez v. Eischen
- Katherine Menendez
- 0:24-cv-00027
- U.S. District Court · District of Minnesota
- 2
In Hernandez v. Eischen, Judge Menendez denied Hernandez’s detention petition as moot and dismissed the matter without prejudice.
Matthew Hernandez’s federal detention petition was denied as moot, and the matter was dismissed without prejudice; the order did not decide the underlying detention question.
What happened
In Hernandez v. Eischen, Matthew Hernandez filed a petition under federal law challenging his detention. Magistrate Judge Douglas L. Micko recommended denying it because it was moot and the court lacked authority to decide it. Hernandez did not object.
Because there were no objections, the court reviewed the recommendation for clear error. The court agreed that the petition was moot, meaning the dispute no longer presented a live issue for the court to resolve.
Judge Menendez accepted the recommendation, denied Hernandez’s petition as moot, and dismissed the matter without prejudice. That means the dismissal did not bar refiling, although the order did not decide the underlying detention question.
The detailed version
- Hernandez v. Eischen · No. 0:24-cv-00027
- Katherine Menendez
- Nov. 20, 2024
Background
Matthew Hernandez filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The respondent is identified as B. Eischen, FPC Duluth, Warden. United States Magistrate Judge Douglas L. Micko issued a Report and Recommendation dated October 28, 2024, recommending that the petition be denied as moot and for lack of subject-matter jurisdiction.
Hernandez did not object to the Report and Recommendation. Under the cited rules, the district court reviews an unobjected-to recommendation for clear error.
Court’s Analysis
After reviewing the Report and Recommendation and the record, the court agreed that the petition was moot. A moot dispute no longer presents a live issue for the court to decide. The order accepted the Report and Recommendation.
Disposition
The court ordered that Hernandez’s petition under 28 U.S.C. § 2241 be DENIED AS MOOT. It also ordered that the matter be DISMISSED WITHOUT PREJUDICE. The order did not reach the underlying detention question.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.