Suarez Villa v. Rardin

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Eduardo Suarez Villa,
Petitioner,
v.
Jared Rardin, Warden FMC-Rochester,
Respondent.
Civ. No. 26-1258 (JWB/DJF)
ORDER ACCEPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
United States Magistrate Judge Dulce J. Foster issued a Report and
Recommendation (“R&R”) on March 10, 2026. (Doc. No. 4.) No objections have been
filed to that R&R in the time permitted. Absent 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). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and
proceedings in this case, IT IS HEREBY ORDERED that:
1. 	The March 10, 2026 Report and Recommendation (Doc. No. 4) is
ACCEPTED; and
2. 	Plaintiff’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241
(Doc. No. 1) is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil
Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: April 7, 2026 	s/ Jerry W. Blackwell
JERRY W. BLACKWELL
United States District Judge
CASE 0:26-cv-01258-JWB-DJF Doc. 5 Filed 04/07/26 Page 1 of 1