Abieanga v. Eischen

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Charles Abieanga, Civ. No. 24-3131 (JWB/SGE)

Petitioner, ORDER ACCEPTING v. REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Billy Eischen, Warden FPC Duluth,

Respondent.

United States Magistrate Judge John F. Docherty issued a Report and Recommendation (“R&R”) on September 18, 2024. (Doc. No. 5.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and submissions, IT IS HEREBY ORDERED that: 1. The September 18, 2024 Report and Recommendation (Doc. No. 5) is ACCEPTED; 2. Petitioner Charles Abieanga’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1) is DENIED and this matter is DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: October 23, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge