Opinion
Civ. 22-1362 (JWB/DJF)
02-22-2024
Jimmy McField, Petitioner, v. Warden Eischen, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JERRY W. BLACKWELL UNITED STATES DISTRICT JUDGE
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on January 5, 2024. (Doc. No. 13.) No objections have been filed to that R&R in the time permitted. In the absence of 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). Upon review of the R&R, no clear error is found.
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 January 5, 2024 Report and Recommendation (Doc. No. 13) is ACCEPTED as modified to remove language recommending dismissal without prejudice;and
Denial of the Petition on its merits operates as a final judgment,and therefore, this matter is denied with prejudice. .
2. Petitioner Jimmy McField's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. No. 1) is DENIED with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.