Van Zyverden v. Marques
- Eric Tostrud
- 0:19-cv-00948
- U.S. District Court · District of Minnesota
- 1
Van Zyverden v. Marques: Judge Tostrud accepted the magistrate judge’s recommendation and denied Van Zyverden’s habeas petition as moot.
Corstiaan Aaron Van Zyverden, whose writ was denied as moot, and R. Marques, the named defendant.
What happened
In Van Zyverden v. Marques, Magistrate Judge Leo I. Brisbois issued a January 8, 2020 report and recommendation about Corstiaan Aaron Van Zyverden’s habeas petition.
No party objected to the recommendation, so the court reviewed it for clear error. The court found no clear error and accepted the recommendation.
Judge Eric C. Tostrud denied Van Zyverden’s habeas petition as moot, meaning the court treated it as no longer presenting a live issue.
The detailed version
- Van Zyverden v. Marques · No. 0:19-cv-00948
- Eric Tostrud
- Jan. 28, 2020
Background
Corstiaan Aaron Van Zyverden filed a writ of habeas corpus against R. Marques. The court received a January 8, 2020 report and recommendation from United States Magistrate Judge Leo I. Brisbois.
Review
No party objected to the report and recommendation. Under Federal Rule of Civil Procedure 72(b), the court therefore reviewed it for clear error—a significant mistake apparent from the record. The court found no clear error.
Ruling
Judge Eric C. Tostrud ordered that the report and recommendation be accepted and that Van Zyverden’s writ of habeas corpus be denied as moot. A moot matter is one the court treats as no longer presenting a live dispute. Because the ruling rested on mootness, the court did not decide the underlying habeas question.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.