Faleide v. Eischen
- Jerry Blackwell
- 0:24-cv-03325
- U.S. District Court · District of Minnesota
- 1
In Faleide v. Eischen, Judge Blackwell denied Faleide’s petition under 28 U.S.C. § 2241 and dismissed the action without prejudice for lack of jurisdiction.
Eric Alan Faleide’s § 2241 petition was denied, and his action against Eischen, FPC Duluth Warden, was dismissed without prejudice for lack of jurisdiction.
What happened
In Faleide v. Eischen, Eric Alan Faleide filed a petition under 28 U.S.C. § 2241 against Eischen, the FPC Duluth Warden.
A magistrate judge issued a report and recommendation on November 13, 2024. No objections were filed, so the court reviewed the recommendation for clear error and found none.
Judge Jerry W. Blackwell accepted the recommendation, denied Faleide’s petition, and dismissed the action without prejudice for lack of jurisdiction.
The detailed version
- Faleide v. Eischen · No. 0:24-cv-03325
- Jerry W. Blackwell
- Dec. 18, 2024
Background
Eric Alan Faleide filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The respondent is identified as Eischen, FPC Duluth Warden.
United States Magistrate Judge Shannon G. Elkins issued a Report and Recommendation on November 13, 2024. The opinion states that no objections were filed within the permitted time. Without timely objections, the district court reviewed the recommendation for clear error.
Ruling
The court found no clear error, accepted the Report and Recommendation, and denied Faleide’s § 2241 petition. It dismissed the action without prejudice for lack of jurisdiction and directed that judgment be entered.
The opinion does not include the Report and Recommendation’s underlying analysis, so it does not explain further why the court lacked jurisdiction.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.