Del Real v. Eischen
- Katherine Menendez
- 0:24-cv-00042
- U.S. District Court · District of Minnesota
- 2
In Del Real v. Eischen, Judge Menendez denied Miguel Eduardo Del Real’s habeas petition without prejudice as moot and accepted the magistrate judge’s recommendation.
Miguel Eduardo Del Real’s petition was denied without prejudice as moot; the opinion does not describe any additional effect on B. Eischen.
What happened
In Del Real v. Eischen, Miguel Eduardo Del Real filed a petition seeking habeas relief against B. Eischen. A magistrate judge recommended a ruling, and no one filed objections within the allowed time.
Because there were no objections, the court reviewed the recommendation for clear error. It found no error and accepted the recommendation in full.
Judge Katherine M. Menendez ordered that Del Real’s petition be denied without prejudice as moot. “Without prejudice” means the order does not bar refiling, but the opinion does not explain why the petition was moot.
The detailed version
- Del Real v. Eischen · No. 0:24-cv-00042
- Katherine Menendez
- Dec. 12, 2024
Background
Miguel Eduardo Del Real, the petitioner, filed a petition for a writ of habeas corpus against B. Eischen. The matter came before the district court on a report and recommendation issued by United States Magistrate Judge Leo I. Brisbois on July 23, 2024. No objections were filed within the permitted time.
Court’s Review
When no specific objections are filed, the district court reviews a magistrate judge’s report and recommendation for clear error. The court reviewed the recommendation and the record and found no error, “clear or otherwise.” It therefore accepted the report and recommendation in full.
Ruling
Judge Katherine M. Menendez ordered that the petition for a writ of habeas corpus be DENIED without prejudice as moot. The order did not dismiss the petition or state that refiling was barred. The opinion does not explain the basis for finding the petition moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.