Ismail v. Oelrich
- Eric Tostrud
- 0:25-cv-04665
- U.S. District Court · District of Minnesota
- 1
In Zhiwar Ismail v. Oelrich, Judge Tostrud accepted the recommendation, denied Ismail’s habeas petition and fee application, and ordered no appeal certificate.
Zhiwar Ismail’s habeas petition and application to proceed without paying filing fees were denied; Oelrich, #308 Police Officer, was the respondent.
What happened
In Zhiwar Ismail v. Oelrich, Magistrate Judge John F. Docherty recommended denying Zhiwar Ismail’s petition for a writ of habeas corpus and application to proceed without paying filing fees. The opinion says no party objected to that recommendation.
The court reviewed the recommendation for clear error and found none. It accepted the recommendation, denied the habeas petition, denied the application to proceed without paying filing fees, and directed that no certificate of appealability be issued.
Judge Eric C. Tostrud entered the order on January 15, 2026. The opinion does not explain the underlying reason for denying the habeas petition.
The detailed version
- Ismail v. Oelrich · No. 0:25-cv-04665
- Eric Tostrud
- Jan. 15, 2026
Background
Zhiwar Ismail filed a petition for a writ of habeas corpus and an application to proceed without paying filing fees. Magistrate Judge John F. Docherty issued a Report and Recommendation on December 17, 2025.
Review of the Recommendation
No party objected to the Report and Recommendation. The district court therefore reviewed it for clear error, meaning an obvious mistake in the magistrate judge’s recommendation. The court found no clear error and accepted the Report and Recommendation.
Rulings
The court ordered that:
- The Report and Recommendation was accepted. - Ismail’s petition for a writ of habeas corpus was denied. - Ismail’s application to proceed without paying filing fees was denied. - No certificate of appealability would issue.
The opinion does not state the underlying reason for denying the habeas petition or provide a merits analysis. Judge Eric C. Tostrud signed the order, and the court directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.