Butcher v. Clay County

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JOSEPH BUTCHER,
Petitioner,
v.
CLAY COUNTY,
Respondent.
Case No. 26-cv-801 (LMP/JFD)
ORDER ADOPTING
REPORT AND
RECOMMENDATION
This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge John F. Docherty. 	ECF No. 4. The R&R concludes that
Petitioner Joseph Butcher’s petition for a writ of habeas corpus (ECF No. 1) should be
denied in its entirety, and that his application to proceed in forma pauperis (“IFP”) (ECF
No. 3) should be denied as moot. Id. at 7.
Butcher did not file objections to the R&R, so the Court reviews it for clear error.
See Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed
the R&R, the Court finds no error and adopts it in full.
Accordingly, based on the foregoing, and on all the files, records, and proceedings
in this matter, IT IS HEREBY ORDERED that:
1. 	Butcher’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF
No. 1) is DENIED WITHOUT PREJUDICE in its entirety; and
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2. 	Butcher’s IFP application (ECF No. 3) is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 6, 2026 	s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge
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