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D. Minn.Procedural orderFiled Apr. 23, 2019

Morey v. Titus

Judge
Nancy Brasel
Docket
0:19-cv-00253
Court
U.S. District Court · District of Minnesota
Pages
1
HabeasMotion to DismissCivil Procedure
In one sentence

In Morey v. Titus, Judge Brasel accepted the recommendation and dismissed Lori Swanson with prejudice as a respondent.

Who this affects

Lori Swanson was dismissed with prejudice as a respondent; the order does not describe any separate effect on Jeff Titus or the underlying habeas claims.

What happened

In Morey v. Titus, a federal magistrate judge issued a report and recommendation, and no party objected to it.

The court reviewed the recommendation for clear error, found none, and accepted it. The court granted the motion to dismiss only to dismiss Lori Swanson, Minnesota’s attorney general, with prejudice as a respondent.

Judge Nancy E. Brasel issued the order. The order does not address the underlying habeas petition’s claims or Jeff Titus’s status as a respondent.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Morey v. Titus · No. 0:19-cv-00253
Judge
Nancy Brasel
Date
Apr. 23, 2019

Background

United States Magistrate Judge Hildy Bowbeer issued a March 20, 2019 report and recommendation. No party objected. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record.

Ruling

The court found no clear error and accepted the report and recommendation. It granted the motion to dismiss the habeas petition only in part: Lori Swanson, identified as Minnesota’s attorney general, was dismissed with prejudice as a respondent. The order does not state that the petition itself was dismissed or describe the underlying habeas claims.

Effect

Lori Swanson was removed from the case as a respondent, and the dismissal as to her was with prejudice. The order does not state any separate disposition concerning Jeff Titus or the merits of the habeas petition.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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