Ward v. Eischen
- Katherine Menendez
- 0:22-cv-01332
- U.S. District Court · District of Minnesota
- 2
In Ward v. Eischen, Judge Menendez denied Ward’s petition because it was not ripe and dismissed the action without prejudice.
Spencer Troy Ward’s petition was denied, and his action against B. Eischen was dismissed without prejudice.
What happened
Spencer Troy Ward filed a petition under a federal law, and the matter was reviewed after Magistrate Judge David T. Schultz recommended denying it because the issue was not ready for decision. No one objected to that recommendation.
The court found no clear error in the recommendation. It accepted the recommendation, denied Ward’s petition, and dismissed the action without prejudice.
Judge Katherine M. Menendez issued the order on May 8, 2023. The dismissal without prejudice means the order did not bar a later filing, although the opinion does not discuss whether a later filing would succeed.
The detailed version
- Ward v. Eischen · No. 0:22-cv-01332
- Katherine Menendez
- May 8, 2023
Background
Spencer Troy Ward filed a petition under 28 U.S.C. § 2241. The matter came before the court on Magistrate Judge David T. Schultz’s Report and Recommendation, dated March 21, 2023. The recommendation stated that Ward’s petition should be denied for lack of ripeness and that the action should be dismissed without prejudice. No objections were filed by the April 4, 2023 deadline.
Court’s Analysis
Because no objections were filed, the court reviewed the Report and Recommendation for clear error. The court stated that, after reviewing the recommendation and the record, it found no clear error in the conclusion that Ward’s petition should be denied because it was not ripe.
Disposition
The court accepted the Report and Recommendation, denied Ward’s petition, and dismissed the action without prejudice. The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.