Blocker v. Miles
- Eric Tostrud
- 0:18-cv-00542
- U.S. District Court · District of Minnesota
- 1
Blocker v. Miles: Judge Tostrud dismissed Bryan NMN Blocker’s habeas petition without prejudice for failing to fully exhaust state remedies.
Bryan NMN Blocker’s habeas petition was dismissed without prejudice because he had not fully exhausted state remedies. Eddie Miles, identified as the warden of MCF-Stillwater, was the respondent.
What happened
In Blocker v. Miles, Bryan NMN Blocker asked the federal court for a writ of habeas corpus. The court received a magistrate judge’s recommendation in the case, and no party objected.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation and dismissed Blocker’s petition without prejudice because he had not fully exhausted state remedies.
Judge Eric C. Tostrud entered the order on October 12, 2018. The order did not decide the underlying habeas claim on its merits.
The detailed version
- Blocker v. Miles · No. 0:18-cv-00542
- Eric Tostrud
- Oct. 12, 2018
Background
Bryan NMN Blocker filed a petition for a writ of habeas corpus against Eddie Miles, identified in the caption as the warden of MCF-Stillwater. The court received a September 10, 2018, Report and Recommendation from United States Magistrate Judge Becky R. Thorson. The opinion states that no party objected to the recommendation.
Court’s analysis
Because there were no objections, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error. The opinion does not describe the underlying habeas claim or decide whether that claim had merit.
Disposition
The court adopted the Report and Recommendation. It dismissed Bryan NMN Blocker’s habeas petition without prejudice for failure to fully exhaust state remedies. “Without prejudice” means the dismissal did not bar refiling the petition, subject to applicable requirements. The court ordered judgment to be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.