Husten v. Schnell
- Eric Tostrud
- 0:21-cv-01722
- U.S. District Court · District of Minnesota
- 2
In Husten v. Schnell, Judge Tostrud denied Husten’s release petition and dismissed the action without prejudice for lack of jurisdiction.
The order affected Michael John Husten’s petition and the action against Paul Schnell, Commissioner of the Minnesota Department of Corrections, and Roy Bosch, Warden of Stillwater State Prison.
What happened
Michael John Husten asked the federal court for an order seeking compassionate release from incarceration. Magistrate Judge John F. Docherty issued a report and recommendation on November 3, 2021.
No party objected to the report and recommendation. The district court therefore reviewed it for clear error and found none.
In Husten v. Schnell, Judge Eric C. Tostrud accepted the report and recommendation, denied the petition, dismissed the action without prejudice for lack of jurisdiction, and did not issue a certificate of appealability.
The detailed version
- Husten v. Schnell · No. 0:21-cv-01722
- Eric Tostrud
- Dec. 3, 2021
Background
Michael John Husten filed a petition seeking an order for compassionate release from incarceration. Magistrate Judge John F. Docherty issued a Report and Recommendation on November 3, 2021.
Court’s Review
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the district court reviewed it for clear error, meaning an obvious mistake in the magistrate judge’s analysis or findings. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court denied Husten’s petition and dismissed the action without prejudice for lack of jurisdiction. “Without prejudice” means the dismissal did not bar refiling, although the order did not explain what jurisdictional problem prevented the court from considering the petition. The court also did not issue a certificate of appealability, a document generally required to appeal the denial of certain federal custody-related petitions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.