Gonzalez v. Eischen

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATION: The Objections to the Report and Recommendation 6 are OVERRULED. The Report and Recommendation 5 is ACCEPTED in full. The action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Eric C. Tostrud on 11/13/2023.(RMM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Christopher J. Gonzalez,

File No. 23-cv-2718 (ECT/ECW)

Petitioner,
v.

ORDER ACCEPTING REPORT
AND RECOMMENDATION

B. Eischen, Warden,
Respondent.
________________________________________________________________________
Petitioner Christopher J. Gonzalez commenced this action pro se by filing a petition
for a writ of habeas corpus. Pet. [ECF No. 1]. The case is before the Court on a Report
and Recommendation [ECF No. 5] issued by Magistrate Judge Elizabeth Cowan Wright.
Magistrate Judge Wright recommends denying Gonzalez’s petition and dismissing the
action. R&R at 3. Gonzalez filed objections to the Report and Recommendation. ECF
No. 6. In response to Gonzalez’s objections, Respondent filed a very short pleading
confirming his view that the Report and Recommendation “should be adopted in its
entirety.” ECF No. 7. Because Gonzalez has objected, the Court is required to review the
Report and Recommendation de novo pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b)(3). The Court has undertaken that de novo review and has concluded that
Magistrate Judge Wright’s analysis and conclusions are correct.

Therefore, based upon all of the files, records, and proceedings in the abovecaptioned matter, IT IS ORDERED THAT:
1.

The Objections to the Report and Recommendation [ECF No. 6] are

OVERRULED;
2.

The Report and Recommendation [ECF No. 5] is ACCEPTED in full;

3.

The action is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 13, 2023

s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court

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