Gruzebeck v. Fikes
- Eric Tostrud
- 0:19-cv-03035
- U.S. District Court · District of Minnesota
- 1
Gruzebeck v. Fikes: Judge Tostrud dismissed the petition without prejudice after accepting an unchallenged recommendation.
The ruling affected petitioner Lex Michael Gruzebeck and respondent Warden Fikes, F.C.I. Sandstone.
What happened
In Gruzebeck v. Fikes, Lex Michael Gruzebeck filed a petition for a writ of habeas corpus against Warden Fikes, F.C.I. Sandstone. The opinion does not describe the petition’s underlying claims.
Magistrate Judge Becky R. Thorson recommended dismissing the petition. No party objected, so the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Judge Eric C. Tostrud found no clear error, accepted the recommendation, and dismissed the petition without prejudice. The court also ordered that judgment be entered.
The detailed version
- Gruzebeck v. Fikes · No. 0:19-cv-03035
- Eric Tostrud
- Mar. 6, 2020
Background
Lex Michael Gruzebeck was the petitioner, and Warden Fikes, F.C.I. Sandstone, was the respondent. Gruzebeck filed a petition for a writ of habeas corpus. The opinion does not explain the petition’s underlying claims or the relief sought.
Report and Recommendation
United States Magistrate Judge Becky R. Thorson issued a Report and Recommendation on January 29, 2020. No party objected to it. Under the applicable review standard, the district court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the recommendation.
Ruling
The court found no clear error, accepted the Report and Recommendation, and dismissed the petition for a writ of habeas corpus without prejudice. “Without prejudice” means the dismissal did not bar a later filing based on the court’s stated disposition. The court also ordered that judgment be entered. The opinion does not state why the petition was dismissed or address its merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.