Garcia v. Eischen

Background

Sergio Garcia filed a petition under 28 U.S.C. § 2241 asking the court to review his detention. The case was assigned to United States Magistrate Judge Elizabeth Cowan Wright, who issued a Report and Recommendation dated April 14, 2023. Garcia did not file timely objections.

The order states that the court reviewed the recommendation for clear error because no timely objections were filed. Clear-error review asks whether the recommendation contains an obvious mistake. The court found no clear error and accepted the recommendation.

Rulings

The court ordered the following:

- Garcia’s petition under 28 U.S.C. § 2241 was denied. - His motion for an injunction or other relief was denied as moot, meaning the court considered it no longer necessary to decide. - His motion for summary judgment was also denied as moot.

The order states that it did not address Garcia’s separate civil-rights action based on the same circumstances.

Judge and basis for decision

Judge Jerry W. Blackwell entered judgment based on the magistrate judge’s recommendation and the court’s finding that the recommendation contained no clear error. The order itself does not explain the underlying reasons for denying the detention-review petition. It identifies the recommendation as Document 27 in one passage but refers to it as Document 11 in the numbered order.