Streker v. Segal
- Katherine Menendez
- 0:23-cv-01522
- U.S. District Court · District of Minnesota
- 2
In Streker v. Segal, Judge Menendez denied Streker’s habeas petition for failure to exhaust administrative remedies and dismissed the matter without prejudice.
Nicole Streker’s habeas petition was denied and the matter was dismissed without prejudice; Michael Segal was the defendant.
What happened
In Streker v. Segal, Nicole Streker filed a petition asking for a writ of habeas corpus. The opinion does not describe the underlying claim.
The court considered a magistrate judge’s report and recommendation. No objections were filed, so the court reviewed the recommendation for clear error.
Judge Katherine M. Menendez found no error and denied the petition for failure to exhaust administrative remedies. She also dismissed the matter without prejudice.
The detailed version
- Streker v. Segal · No. 0:23-cv-01522
- Katherine Menendez
- Aug. 18, 2023
Background
Nicole Streker filed a petition for a writ of habeas corpus against Michael Segal. The opinion does not explain the underlying dispute or the relief Streker sought.
Report and Recommendation
United States Magistrate Judge David T. Schultz issued a report and recommendation on June 30, 2023. Neither party filed objections within the permitted period.
Court’s Review
Because no objections were filed, the district court reviewed the report and recommendation for clear error rather than conducting a new review of disputed issues. The court stated that, after reviewing the recommendation and the record, it found no error—clear or otherwise.
Ruling
Judge Katherine M. Menendez ordered that the petition be denied for failure to exhaust administrative remedies. The court also ordered that the matter be dismissed without prejudice, meaning the dismissal did not bar refiling. Judgment was ordered to be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.