Alexakis v. Warden
- Wilhelmina Wright
- 0:19-cv-03008
- U.S. District Court · District of Minnesota
- 1
In Nicholas M. Alexakis v. Warden, Judge Wright adopted an unchallenged recommendation and dismissed Alexakis’s habeas petition without prejudice.
Nicholas M. Alexakis’s habeas petition was dismissed without prejudice. The Warden was the respondent.
What happened
Nicholas M. Alexakis v. Warden concerned Alexakis’s petition for a writ of habeas corpus. The opinion does not explain the petition’s underlying claims or the recommendation’s reasoning.
Magistrate Judge Becky R. Thorson issued a report and recommendation on April 20, 2020. No objections were filed, so the court reviewed the recommendation for clear error, meaning an obvious mistake.
Judge Wilhelmina M. Wright found no clear error, adopted the recommendation, and dismissed Alexakis’s petition without prejudice. The court ordered that judgment be entered.
The detailed version
- Alexakis v. Warden · No. 0:19-cv-03008
- Wilhelmina Wright
- Aug. 14, 2020
Background
Nicholas M. Alexakis filed a petition for a writ of habeas corpus against the Warden. The opinion does not state the petition’s specific claims or the reasons given in the underlying report and recommendation.
United States Magistrate Judge Becky R. Thorson issued a report and recommendation on April 20, 2020. No party filed objections.
Court’s Review
Because no timely objections were filed, the court reviewed the report and recommendation for clear error under Federal Rule of Civil Procedure 72(b). Clear-error review asks whether the recommendation contains an obvious mistake. After reviewing the recommendation and the case materials, the court found no clear error.
Disposition
Judge Wilhelmina M. Wright adopted the April 20, 2020 report and recommendation. The court dismissed Alexakis’s petition for a writ of habeas corpus without prejudice and ordered judgment entered. The opinion does not provide the basis for the dismissal beyond adopting the report and recommendation.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.