Soeby v. FCI Waseca
- Eric Tostrud
- 0:21-cv-01472
- U.S. District Court · District of Minnesota
- 1
In Soeby v. FCI Waseca, Judge Tostrud accepted the recommendation, denied the petition, dismissed the action without prejudice, and denied the fee application as moot.
Holly Dawn Soeby’s § 2241 petition was denied, and her action was dismissed without prejudice. Her application to proceed without prepaying fees or costs was denied as moot. The opinion does not describe any further effect on FCI Waseca.
What happened
In Soeby v. FCI Waseca, Magistrate Judge Becky R. Thorson issued a report and recommendation on August 4, 2021. No party objected, so the district court reviewed it for clear error.
The court found no clear error and accepted the report and recommendation. It denied Holly Dawn Soeby’s petition under 28 U.S.C. § 2241 and dismissed the action without prejudice. The court also denied her application to proceed without prepaying fees or costs as moot.
Judge Eric C. Tostrud issued the order on August 31, 2021. The opinion does not state the report’s reasoning or explain why the petition was denied.
The detailed version
- Soeby v. FCI Waseca · No. 0:21-cv-01472
- Eric Tostrud
- Aug. 31, 2021
Background
Magistrate Judge Becky R. Thorson issued a Report and Recommendation on August 4, 2021. The opinion states that no party objected to it. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake.
The opinion does not include the Report and Recommendation’s reasoning or describe the underlying issue raised in Holly Dawn Soeby’s petition for relief under 28 U.S.C. § 2241.
Court’s Action
Judge Eric C. Tostrud found no clear error and accepted the Report and Recommendation. The court denied Soeby’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. It also dismissed the action without prejudice, meaning the order itself does not bar a later filing.
The court denied Soeby’s application to proceed in district court without prepaying fees or costs as moot, meaning the court determined that application no longer required a ruling in light of its other action.
Disposition
The Report and Recommendation was accepted; the § 2241 petition was denied; the action was dismissed without prejudice; and the application to proceed without prepaying fees or costs was denied as moot. Judgment was ordered to be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.