LaFon v. Fikes
- Eric Tostrud
- 0:22-cv-00487
- U.S. District Court · District of Minnesota
- 1
In LaFon v. Fikes, Judge Tostrud accepted an unobjected-to recommendation, denied LaFon’s habeas petition, and dismissed the action without prejudice.
Nicholas Adam LaFon’s habeas petition was denied and his action was dismissed without prejudice. The order was entered in the case against Warden Jeffrey Fikes, FCI-Sandstone.
What happened
Nicholas Adam LaFon filed a petition for a writ of habeas corpus against Warden Jeffrey Fikes, FCI-Sandstone. The opinion does not describe the underlying issue raised in the petition.
Magistrate Judge Dulce J. Foster issued a report and recommendation. No party objected, so the district court reviewed it for clear error, meaning it looked for an obvious mistake.
Judge Eric C. Tostrud found no clear error, accepted the report and recommendation, denied LaFon’s petition, and dismissed the action without prejudice.
The detailed version
- LaFon v. Fikes · No. 0:22-cv-00487
- Eric Tostrud
- Dec. 18, 2023
Background
Nicholas Adam LaFon filed a petition for a writ of habeas corpus against Warden Jeffrey Fikes, FCI-Sandstone. The opinion does not state what specific relief LaFon sought or explain the underlying legal issue in the petition.
Report and Recommendation
Magistrate Judge Dulce J. Foster issued a Report and Recommendation on November 13, 2022. Neither party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error.
Ruling
The court found no clear error and accepted the Report and Recommendation. It denied LaFon’s petition for a writ of habeas corpus, dismissed the action without prejudice, and directed that judgment be entered. The opinion does not provide the reasoning underlying the recommended denial or identify whether the petition was denied on a particular procedural ground.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.