Ducasse v. LeJune
- Wilhelmina Wright
- 0:22-cv-02565
- U.S. District Court · District of Minnesota
- 2
In Ducasse v. LeJune, Judge Wright dismissed Ducasse’s petition asking the court to review his detention without prejudice for failure to prosecute.
Hiram Luis Ducasse, Jr.’s petition was dismissed without prejudice after the court adopted the magistrate judge’s recommendation based on failure to prosecute.
What happened
Hiram Luis Ducasse, Jr. filed a petition asking the federal court to review his detention in Ducasse v. LeJune. A magistrate judge recommended dismissing the petition because Ducasse failed to prosecute it, and Ducasse did not object.
The court reviewed the recommendation for clear error because no timely objections were filed. Finding no clear error, it adopted the recommendation and dismissed the petition without prejudice.
Judge Wilhelmina M. Wright entered the February 23, 2023 order adopting the recommendation and directing that judgment be entered.
The detailed version
- Ducasse v. LeJune · No. 0:22-cv-02565
- Wilhelmina Wright
- Feb. 23, 2023
Background
Hiram Luis Ducasse, Jr. filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims in the petition. United States Magistrate Judge John F. Docherty issued a January 13, 2023 Report and Recommendation recommending that the petition be dismissed without prejudice for failure to prosecute. Ducasse did not file objections, and the deadline for doing so had passed.
Court’s Review
When no timely objections are filed, the district court reviews a magistrate judge’s recommendation for clear error. Judge Wilhelmina M. Wright reviewed the recommendation and found no clear error.
Disposition
The court adopted the January 13, 2023 Report and Recommendation. It dismissed Ducasse’s petition for a writ of habeas corpus without prejudice and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.