Garcia v. Eischen

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Sergio Garcia, Civ. No. 23-169 (JWB/ECW)

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

Respondent.

The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Elizabeth Cowan Wright dated April 14, 2023. (Doc. No. 27.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the Court reviews an R&R 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, the Court finds no clear error. Petitioner Sergio Garcia’s habeas corpus petition will therefore be denied.1 Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The April 14, 2023 Report and Recommendation (Doc. No. 11) is ACCEPTED; 2. Petitioner Sergio Garcia’s Petition for Writ of Habeas Corpus under

1 This Order does not address Petitioner’s civil rights action, which is based on the same circumstances. See Garcia v. Eischen et al., 23-cv-00261 (JWB/ECW). 28 U.S.C. § 2241 (Doc. No. 1) is DENIED; 3. Petitioner Sergio Garcia’s Motion for Injunction or Other Relief (Doc.

No. 10) is DENIED as moot; 4. Petitioner Sergio Garcia’s Motion for Summary Judgment (Doc. No. 22) is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: May 11, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge