Elias B. v. Barr
- Eric Tostrud
- 0:19-cv-02838
- U.S. District Court · District of Minnesota
- 1
In Elias B. v. Barr, Judge Tostrud accepted a magistrate judge’s recommendation, denied the habeas petition as moot, and dismissed the case without prejudice.
Elias B.’s § 2241 petition was denied as moot, and the matter was dismissed without prejudice. The opinion does not identify the practical effect on any other person or entity.
What happened
Elias B. v. Barr involved Elias B.’s petition asking for a court order concerning his detention under a federal law. A magistrate judge issued a report and recommendation on March 11, 2020.
No party objected to that recommendation, so the court reviewed it only for clear error. The opinion does not explain why the petition had become moot.
The court accepted the recommendation, denied Elias B.’s petition as moot, and dismissed the case without prejudice. Judge Eric C. Tostrud entered the order on April 24, 2020.
The detailed version
- Elias B. v. Barr · No. 0:19-cv-02838
- Eric Tostrud
- Apr. 24, 2020
Background
Elias B. filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The opinion does not describe the underlying circumstances or the specific relief requested in the petition. United States Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on March 11, 2020.
Review of the Recommendation
No party objected to the report and recommendation. Because there were no objections, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error based on the case records and proceedings.
Ruling
The court accepted the report and recommendation. It denied Elias B.’s § 2241 petition as moot, meaning the court determined that the petition no longer presented a live dispute. The court also dismissed the matter without prejudice, which does not bar refiling. The opinion does not state why the petition became moot. Judge Eric C. Tostrud ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.