Horton v. Eischen

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Donovan Orville Horton, File No. 25-cv-2238 (JMB/LIB)

Petitioner,

v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Eischen, FPC Duluth,

Respondent. ________________________________________________________________________ This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois dated July 15, 2025. (Doc. No. 7.) No party has objected to that R&R, and it is therefore reviewed for clear error. Fed. R. Civ. P. 72(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). The R&R recommends that Petitioner Donovan Orville Horton’s petition for a writ of habeas corpus be denied without prejudice for failure to exhaust administrative remedies. See Mathena v. United States, 577 F.3d 943, 946 (8th Cir. 2009). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 7) is ADOPTED;

2. The Petition (Doc. No. 1) is DISMISSED without prejudice; and

3. Petitioner’s application to proceed in forma pauperis, (Doc. No. 5), is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 15, 2025 /s/ Jeffrey M. Bryan Jeffrey M. Bryan United States District Court Judge