Horswell v. State of Minnesota
- Wilhelmina Wright
- 0:18-cv-00307
- U.S. District Court · District of Minnesota
- 2
In Horswell v. State of Minnesota, Judge Wright adopted a recommendation, denied Horswell’s habeas petition, dismissed the action without prejudice, and declined a certificate of appealability.
Phillip Harold Horswell’s § 2254 petition and this action were denied and dismissed without prejudice; the State of Minnesota was the respondent.
What happened
In Horswell v. State of Minnesota, Phillip Harold Horswell filed a petition under 28 U.S.C. § 2254 asking for a federal writ of habeas corpus. A magistrate judge had issued a report and recommendation on April 30, 2018.
No one filed objections to the report and recommendation. The court therefore reviewed it for clear error and found none. The order does not explain the underlying reasons for the recommendation.
Judge Wilhelmina M. Wright adopted the report and recommendation, denied Horswell’s petition, dismissed the action without prejudice, and declined to issue a certificate of appealability.
The detailed version
- Horswell v. State of Minnesota · No. 0:18-cv-00307
- Wilhelmina Wright
- Aug. 1, 2018
Background
Phillip Harold Horswell filed a petition under 28 U.S.C. § 2254 for a writ of habeas corpus. The opinion identifies the State of Minnesota as the respondent. United States Magistrate Judge David T. Schultz issued a Report and Recommendation on April 30, 2018.
Review of the Recommendation
No objections were filed. Because there were no timely objections, Judge Wright reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court reviewed the recommendation and found no clear error. The order adopting it does not provide the recommendation’s underlying analysis or explain the merits of Horswell’s petition.
Ruling
Judge Wilhelmina M. Wright ordered that the April 30, 2018 Report and Recommendation be adopted. The court denied Horswell’s petition, dismissed the action without prejudice, and declined to grant a certificate of appealability under 28 U.S.C. § 2253(c).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.