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 petition, and denied his request to proceed without paying filing fees.
The order directly affected Gordon Franklin, Jr.’s habeas petition and application to proceed in forma pauperis. The caption names Warden, Rochester Medical Center as the respondent.
What happened
In Franklin v. Warden, Magistrate Judge John F. Docherty issued a Report and Recommendation on October 20, 2022. No party objected to it.
Because there were no objections, the court reviewed the recommendation for clear error. It found no clear error and accepted the recommendation. The opinion does not explain the underlying reason for dismissing the petition.
Judge Eric C. Tostrud ordered that Gordon Franklin, Jr.’s petition be summarily dismissed and denied Franklin’s application to proceed without paying filing fees. The court also ordered that judgment be entered.
The detailed version
- Franklin v. Warden · No. 0:22-cv-02311
- Eric Tostrud
- Nov. 14, 2022
Background
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 review
Because there were no objections, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error and accepted the recommendation. The opinion does not describe the claims or explain why the petition for a writ of habeas corpus was subject to summary dismissal.
Disposition
Judge Eric C. Tostrud ordered that:
- The Report and Recommendation was accepted.
- Gordon Franklin, Jr.’s petition for a writ of habeas corpus was summarily dismissed.
- Franklin’s application to proceed in forma pauperis—meaning to proceed without paying the required filing fees—was denied.
The court also ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.