Mann v. State of Minnesota
- Eric Tostrud
- 0:21-cv-00245
- U.S. District Court · District of Minnesota
- 1
In Mann v. State of Minnesota, Judge Tostrud denied Mann’s deadline-extension motion and dismissed the action without prejudice after finding no clear error.
Terrance Mann, whose motion for additional time was denied and whose action was dismissed without prejudice.
What happened
In Mann v. State of Minnesota, Terrance Mann asked for more time to file a petition challenging his custody through a court proceeding called habeas review.
A magistrate judge recommended denying the request. No party objected, so the court reviewed the recommendation for clear error—an obvious mistake.
Judge Tostrud found no clear error, accepted the recommendation, denied Mann’s motion, and dismissed the action without prejudice, allowing it to be filed again.
The detailed version
- Mann v. State of Minnesota · No. 0:21-cv-00245
- Eric Tostrud
- Mar. 5, 2021
Background
Terrance Mann moved for an extension of time to file a petition for a writ of habeas corpus, a court petition challenging the legality of a person’s custody. Magistrate Judge Becky R. Thorson issued a Report and Recommendation on February 2, 2021.
Court’s Review
No party objected to the Report and Recommendation. Judge Eric C. Tostrud therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error based on the case record.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation, denied Mann’s motion to extend the time to file the habeas petition, and dismissed the action without prejudice. The order directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.