Husten v. Smith
- Eric Tostrud
- 0:18-cv-02712
- U.S. District Court · District of Minnesota
- 1
In Husten v. Smith, Judge Tostrud denied Husten’s petition, dismissed the action with prejudice, and declined to issue an appeal certificate.
Michael John Husten’s habeas petition was denied and his action was dismissed with prejudice; Warden Michelle Smith was the defendant.
What happened
Michael John Husten filed a petition for a writ of habeas corpus against Warden Michelle Smith. The opinion does not describe the petition’s underlying claims or the magistrate judge’s reasoning.
Magistrate Judge Steven E. Rau issued a November 1, 2018 report and recommendation. No party objected, so the court reviewed the recommendation for clear error and found none.
In Husten v. Smith, Judge Eric C. Tostrud accepted the recommendation, denied the petition, dismissed the action with prejudice, and ordered that no certificate of appealability be issued.
The detailed version
- Husten v. Smith · No. 0:18-cv-02712
- Eric Tostrud
- Nov. 29, 2018
Background
Michael John Husten filed a petition for a writ of habeas corpus against Warden Michelle Smith. The opinion does not state the factual or legal basis of the petition.
Report and Recommendation
United States Magistrate Judge Steven E. Rau issued a Report and Recommendation on November 1, 2018. No party objected. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s analysis or conclusion. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation, denied Husten’s petition, and dismissed the action with prejudice. “With prejudice” means the action cannot be refiled in the same form. The court also ordered that no certificate of appealability be issued. The opinion does not explain the underlying basis for denying the petition because it addresses the recommendation’s acceptance rather than the petition’s substance.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.