Ambrose v. Minnesota, State of
- Eric Tostrud
- 0:19-cv-01835
- U.S. District Court · District of Minnesota
- 1
In Louis Ambrose v. State of Minnesota, Judge Tostrud dismissed Ambrose’s habeas petition as untimely and issued no certificate of appealability.
Louis Ambrose’s § 2254 petition was dismissed with prejudice as untimely, and the State of Minnesota obtained dismissal of its motion.
What happened
Louis Ambrose filed a petition under 28 U.S.C. § 2254 for a writ of habeas corpus against the State of Minnesota. The opinion does not describe the petition’s underlying claims.
United States Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on May 11, 2020. Because no party objected, the court reviewed the report for clear error and found none.
Judge Eric C. Tostrud accepted the report and recommendation, granted the State’s motion to dismiss, and dismissed Ambrose’s petition with prejudice as untimely. The court also issued no certificate of appealability.
The detailed version
- Ambrose v. Minnesota, State of · No. 0:19-cv-01835
- Eric Tostrud
- June 2, 2020
Background
Louis Ambrose filed a petition under 28 U.S.C. § 2254 seeking a writ of habeas corpus, a procedure for challenging custody through federal court. The State of Minnesota moved to dismiss the petition. The opinion does not describe the underlying claims or explain the dates relevant to timeliness.
Report and Recommendation
United States Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on May 11, 2020. No party objected. The district court therefore reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b) and found no clear error.
Ruling
The court accepted the report and recommendation and granted the State’s motion to dismiss Ambrose’s petition. It dismissed the § 2254 petition with prejudice as untimely. The court also ordered that no certificate of appealability be issued and directed entry of judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.