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D. Minn.Procedural orderFiled Dec. 10, 2019

Virtue v. Birkholz

Judge
Wilhelmina Wright
Docket
0:19-cv-02403
Court
U.S. District Court · District of Minnesota
Pages
2
HabeasCivil Procedure
In one sentence

In Virtue v. Birkholz, Judge Wright denied Virtue’s habeas petition as moot and dismissed the matter without prejudice.

Who this affects

Petitioner Joel John Virtue and respondent Warden B. Birkholz; the petition was denied as moot and the matter was dismissed without prejudice.

What happened

Joel John Virtue filed a petition challenging his custody against Warden B. Birkholz. The opinion does not explain the underlying dispute or why the petition became moot.

A magistrate judge recommended denying the petition as moot and dismissing the case. Virtue did not object within the permitted time.

After reviewing the recommendation for clear error, Judge Wilhelmina M. Wright adopted it, denied the petition as moot, and dismissed the matter without prejudice.

The detailed version

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

Case
Virtue v. Birkholz · No. 0:19-cv-02403
Judge
Wilhelmina Wright
Date
Dec. 10, 2019

Background

Joel John Virtue was the petitioner, and Warden B. Birkholz was the respondent. Virtue filed a petition for a writ of habeas corpus. The opinion does not describe the petition’s underlying claims or explain why the matter was moot.

Report and Recommendation

United States Magistrate Judge David T. Schultz issued a Report and Recommendation on October 22, 2019. It recommended denying Virtue’s petition as moot and dismissing the matter. Virtue did not file objections within the permitted period.

Court’s Review and Ruling

Because no timely objections were filed, the court reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. The court found no clear error and adopted the recommendation.

The order therefore: (1) adopted the October 22, 2019 Report and Recommendation; (2) denied Virtue’s petition as moot; and (3) dismissed the matter without prejudice, meaning the order did not bar refiling. Judge Wilhelmina M. Wright signed the order on December 10, 2019.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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