Mills v. Esichen
- Katherine Menendez
- 0:25-cv-01027
- U.S. District Court · District of Minnesota
- 2
In Mills v. Eischen, Judge Menendez denied Billy Joe Mills’s petition without prejudice for failing to exhaust administrative remedies and dismissed the action.
The order affected petitioner Billy Joe Mills and respondents B. Eischen and FPC Duluth by ending this action after the court denied the petition without prejudice for failure to exhaust administrative remedies.
What happened
In Billy Joe Mills v. B. Eischen and FPC Duluth, Magistrate Judge Elizabeth Cowan Wright recommended denying Mills’s petition without prejudice because he had not exhausted available administrative remedies and had not shown that exhaustion should be excused.
No one filed objections to the recommendation. The district court therefore reviewed it for clear error and found none.
Judge Menendez accepted the recommendation, denied Mills’s petition without prejudice for failure to exhaust administrative remedies, and dismissed the matter.
The detailed version
- Mills v. Esichen · No. 0:25-cv-01027
- Katherine Menendez
- July 16, 2025
Background
Billy Joe Mills filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims in the petition.
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on June 5, 2025. She concluded that Mills had not exhausted available administrative remedies and had not shown that he should be excused from the exhaustion requirement. She recommended that the petition be denied without prejudice and that the action be dismissed.
Review by the District Court
No objections to the Report and Recommendation were filed within the permitted period. Because there were no objections, the district court reviewed the recommendation for clear error. After reviewing the recommendation and the record, the court found no error and agreed with its conclusions and recommendations.
Disposition
Judge Katherine M. Menendez accepted the Report and Recommendation. The court denied Mills’s petition without prejudice for failure to exhaust administrative remedies and dismissed the matter. The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.