Summary
denying request to extend time for filing habeas petition because "this Court cannot say until Thoresen actually submits his habeas petition that he has been pursuing his rights diligently or that extraordinary circumstances prevented him from submitting his habeas petition earlier"
Summary of this case from United States v. IyamuOpinion
File No. 20-cv-769 (ECT/ECW)
04-24-2020
Joseph Christian Thoresen, Petitioner, v. Jeff Titus, Warden of Oak Park Heights Correctional Institution, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION
The Court has received the March 26, 2020 Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright. ECF No. 4. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 4] is ACCEPTED;
2. Petitioner's Motion for an Extension [ECF No. 1] is DENIED; and
3. This matter is DISMISSED without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 24, 2020
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court