Malone v. Marques
- Wilhelmina Wright
- 0:19-cv-00835
- U.S. District Court · District of Minnesota
- 1
In Malone v. Marques, Judge Wright adopted the recommendation and dismissed Malone’s habeas petition without prejudice.
Dennell Malone’s habeas petition was dismissed without prejudice; Warden R. Marques was the respondent.
What happened
In Malone v. Marques, Dennell Malone asked the federal court to review his habeas petition. The opinion does not describe the petition’s underlying claims.
No objections were filed to the magistrate judge’s recommendation. The court therefore reviewed it for obvious error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Malone’s petition without prejudice, meaning the dismissal did not bar refiling. The order does not state the reason for dismissal.
The detailed version
- Malone v. Marques · No. 0:19-cv-00835
- Wilhelmina Wright
- Oct. 3, 2019
Background
Dennell Malone filed a petition for a writ of habeas corpus against Warden R. Marques. The order does not describe the petition’s claims or the relief Malone requested.
Procedure
United States Magistrate Judge Becky R. Thorson issued a Report and Recommendation on August 19, 2019. No objections were filed. Under the applicable procedure, Judge Wilhelmina M. Wright reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. The court found no clear error.
Ruling
Judge Wilhelmina M. Wright adopted the Report and Recommendation and dismissed Malone’s habeas petition without prejudice. The order does not state the reason for the dismissal or address the petition’s underlying merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.