Jorgensen v. Eischen
- Katherine Menendez
- 0:22-cv-01383
- U.S. District Court · District of Minnesota
- 2
In Jorgensen v. Eischen, Judge Menendez dismissed Mr. Jorgensen’s habeas petition without prejudice because it was not yet ripe, accepting the magistrate judge’s recommendation.
Dwight Chris Jorgensen, whose habeas petition was dismissed without prejudice because the court found it was not yet ripe.
What happened
In Jorgensen v. Eischen, Dwight Chris Jorgensen filed a petition asking for a court-issued order concerning his detention or custody. The opinion provides no further detail about the underlying claim.
A magistrate judge issued a report and recommendation on May 25, 2023. Neither party filed objections within the allowed time. Because there were no objections, the court reviewed the recommendation for clear error.
Judge Menendez found no error and accepted the recommendation. The court dismissed Mr. Jorgensen’s petition without prejudice because it was not yet ripe, meaning the court determined that the claim was not ready for decision.
The detailed version
- Jorgensen v. Eischen · No. 0:22-cv-01383
- Katherine Menendez
- Aug. 25, 2023
Background
Dwight Chris Jorgensen filed a petition for a writ of habeas corpus against B. Eischen. The opinion does not describe the specific relief sought or the facts underlying the petition.
Report and recommendation
United States Magistrate Judge John F. Docherty issued a report and recommendation dated May 25, 2023. No objections were filed within the permitted period. When no specific objections are filed, the district court reviews the recommendation for clear error rather than conducting the de novo review that applies to portions receiving specific objections.
Ruling
The court reviewed the report and recommendation and the record and found no error, clear or otherwise. It ordered that Mr. Jorgensen’s petition be dismissed without prejudice because it was not yet ripe. A dismissal without prejudice does not bar refiling, although the opinion does not address when or under what circumstances a new petition could be filed. Judgment was ordered entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.