Ybarra v. Kallis
- Wilhelmina Wright
- 0:21-cv-01846
- U.S. District Court · District of Minnesota
- 1
In Ybarra v. Kallis, Judge Wright adopted the recommendation, denied Ybarra’s fee-waiver application as moot, and dismissed his petition without prejudice.
Jeremiah Ybarra’s petition and fee-waiver application were affected. Warden Kallis was the respondent.
What happened
In Ybarra v. Kallis, Magistrate Judge Hildy Bowbeer issued a report and recommendation on the petition. No objections were filed.
Because there were no timely objections, the court reviewed the recommendation for clear error. The order does not describe the recommendation’s reasoning.
The court found no clear error, adopted the recommendation, denied Jeremiah Ybarra’s application to proceed without paying the filing fee as moot, and dismissed his petition without prejudice. Judge Wilhelmina M. Wright signed the order.
The detailed version
- Ybarra v. Kallis · No. 0:21-cv-01846
- Wilhelmina Wright
- Oct. 27, 2021
Background
Jeremiah Ybarra filed a petition for a writ of habeas corpus and an application to proceed without paying the filing fee. United States Magistrate Judge Hildy Bowbeer issued a report and recommendation on August 30, 2021. No objections were filed.
Court’s review
When no timely objections are filed, the district court reviews a magistrate judge’s report and recommendation for clear error. After reviewing the recommendation, the court found no clear error. The opinion does not provide the recommendation’s underlying analysis or explain why the petition was dismissed.
Ruling
The court adopted the August 30, 2021 report and recommendation. It denied Ybarra’s application to proceed without paying the filing fee as moot. It dismissed Ybarra’s petition for a writ of habeas corpus without prejudice, meaning the order did not bar refiling. Judge Wilhelmina M. Wright directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.