Horton v. Eischen
- Patrick Schiltz
- 0:25-cv-00839
- U.S. District Court · District of Minnesota
- 1
In Horton v. Eischen, Judge Schiltz adopted a recommendation, denied Horton’s fee-waiver application as moot, and dismissed his petition with prejudice.
Petitioner Donovan Orville Horton, respondents B. Eischen et al., and the petition, which was dismissed with prejudice.
What happened
In Donovan Orville Horton v. B. Eischen et al., the court received a magistrate judge’s recommendation. No party objected, so the court reviewed the recommendation for clear error.
The court found no clear error and adopted the recommendation. It denied Horton’s application to proceed without paying fees or costs as moot and dismissed his petition with prejudice.
Chief District Judge Patrick J. Schiltz signed the order on June 3, 2025. The order does not explain the recommendation’s reasoning or why the petition was dismissed.
The detailed version
- Horton v. Eischen · No. 0:25-cv-00839
- Patrick Schiltz
- June 3, 2025
Background
The court received a Report and Recommendation from United States Magistrate Judge John F. Docherty. No party objected to the recommendation.
Court’s Review
Because there were no objections, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error based on the case records and proceedings.
Rulings
The court adopted the Report and Recommendation. It denied the application to proceed in district court without prepaying fees or costs as moot. It dismissed the petition with prejudice and directed that judgment be entered. The order does not state the recommendation’s reasoning or the basis for dismissing the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.