Franklin v. Warden
- Eric Tostrud
- 0:22-cv-02311
- U.S. District Court · District of Minnesota
- 1
In Franklin v. Warden, Judge Tostrud accepted the recommendation, summarily dismissed Franklin’s habeas petition, and denied his application to proceed without paying fees.
Gordon Franklin, Jr.; his habeas petition was summarily dismissed and his application to proceed without paying filing fees was denied.
What happened
Gordon Franklin, Jr. petitioned for a writ of habeas corpus against the Warden of Rochester Medical Center. Magistrate Judge John F. Docherty issued a report and recommendation on October 20, 2022, and no party objected.
Because there were no objections, the district court reviewed the recommendation for clear error. The opinion says the court found no clear error, but it does not explain the recommendation’s underlying reasons or address the substance of Franklin’s petition.
Judge Eric C. Tostrud accepted the report and recommendation, summarily dismissed Franklin’s habeas petition, and denied his application to proceed without paying the filing fees.
The detailed version
- Franklin v. Warden · No. 0:22-cv-02311
- Eric Tostrud
- Nov. 10, 2022
Background
Gordon Franklin, Jr. filed a petition for a writ of habeas corpus and an application to proceed without paying filing fees. Magistrate Judge John F. Docherty issued a Report and Recommendation on October 20, 2022. The opinion states that no party objected to the recommendation.
Court’s analysis
Under the applicable procedure, the district court reviewed the unobjected-to recommendation for clear error. Judge Tostrud stated that he found no clear error based on the case files, records, and proceedings. The opinion does not state the recommendation’s reasoning or explain the basis for summarily dismissing the habeas petition. It therefore does not show that the court reached the merits of Franklin’s habeas claims.
Disposition
Judge Eric C. Tostrud ordered that the Report and Recommendation be accepted, Gordon Franklin, Jr.’s petition for a writ of habeas corpus be summarily dismissed, and Franklin’s application to proceed without paying filing fees be denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.