Alcazar v. Eischen
- Wilhelmina Wright
- 0:22-cv-01330
- U.S. District Court · District of Minnesota
- 1
In Alcazar v. Eischen, Judge Wright adopted the recommendation and dismissed Alcazar’s habeas petition without prejudice after finding no clear error.
Everardo Alcazar, Jr.; the petition was dismissed without prejudice, while B. Eischen was the respondent.
What happened
Everardo Alcazar, Jr. filed a petition asking for habeas relief from B. Eischen. The court considered a magistrate judge’s recommendation and noted that no one had objected.
Because there were no timely objections, the court reviewed the recommendation for clear error. It found none.
In Alcazar v. Eischen, Judge Wilhelmina M. Wright adopted the recommendation and dismissed Alcazar’s habeas petition without prejudice. The opinion does not explain the underlying reason for dismissal.
The detailed version
- Alcazar v. Eischen · No. 0:22-cv-01330
- Wilhelmina Wright
- July 13, 2022
Background
Everardo Alcazar, Jr. filed a petition for a writ of habeas corpus. The court considered a June 8, 2022 report and recommendation issued by United States Magistrate Judge Leo I. Brisbois.
Court’s Review
No objections to the report and recommendation were filed. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error. The court stated that, after reviewing the recommendation and the case record, it found no clear error.
Ruling
Judge Wilhelmina M. Wright ordered that the June 8, 2022 report and recommendation be adopted. The court dismissed Alcazar’s habeas petition without prejudice, meaning the opinion did not bar refiling based on that disposition. The opinion does not state the underlying reason for the dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.