Hogquist v. Anoka County District Courts
- Wilhelmina Wright
- 0:19-cv-02471
- U.S. District Court · District of Minnesota
- 2
In Hogquist v. Anoka County District Courts, Judge Wright adopted the recommendation, denied Hogquist’s petition, denied fee waiver as moot, and dismissed the matter without prejudice.
Michelle Lyn Hogquist’s petition was denied, her application to proceed without paying filing fees was denied as moot, and the matter was dismissed without prejudice. The respondents were Anoka County District Courts, the City of Anoka Police Department, the State of Minnesota, and the Attorney General.
What happened
Michelle Lyn Hogquist brought this case against Anoka County District Courts, the City of Anoka Police Department, the State of Minnesota, and the Attorney General. The order addresses her petition and her application to proceed without paying filing fees.
Magistrate Judge Katherine M. Menendez recommended denying the petition. No timely objections were filed, and the court reviewed the recommendation for clear error. The order itself does not explain the petition’s underlying issue.
Judge Wilhelmina M. Wright adopted the recommendation, denied Hogquist’s petition, denied her fee-waiver application as moot, and dismissed the matter without prejudice. The court also declined to issue a certificate of appealability.
The detailed version
- Hogquist v. Anoka County District Courts · No. 0:19-cv-02471
- Wilhelmina Wright
- Dec. 17, 2019
Background
Michelle Lyn Hogquist filed a petition for a writ of habeas corpus against Anoka County District Courts, the City of Anoka Police Department, the State of Minnesota, and the Attorney General. The opinion does not describe the factual basis of the petition or the underlying claim.
Report and Recommendation
United States Magistrate Judge Katherine M. Menendez issued a Report and Recommendation (R&R) on October 24, 2019. The R&R recommended denying Hogquist’s petition. Hogquist did not file timely objections. The Clerk mailed the R&R to Hogquist’s last known address, but the Postal Service returned it as undeliverable. The court declined to delay its decision because Hogquist had not provided another address.
When no timely objection is filed, the district court reviews an R&R for clear error, meaning an obvious mistake on the face of the record. Judge Wright stated that she found no clear error and adopted the R&R. The order does not provide the R&R’s reasoning or otherwise analyze the petition’s underlying legal question.
Disposition
The court ordered the following:
- The October 24, 2019 R&R was adopted. - Hogquist’s petition for a writ of habeas corpus was denied. - Her application to proceed in forma pauperis, meaning without paying the case’s filing fees, was denied as moot. - No certificate of appealability would issue. - The matter was dismissed without prejudice, meaning the order did not bar a later filing based solely on that dismissal language.
Judge Wilhelmina M. Wright directed that judgment be entered. Because the court adopted the R&R after clear-error review without addressing the petition’s underlying merits in this order, this is a procedural disposition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.