Benson v. Johnston

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Michael Benson,
Petitioner,
v.
Nancy Johnston, Executive Officer of
MSOP,
Respondent.
Civ. No. 26-1421 (JWB/DJF)
ORDER ACCEPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
Michael Benson, pro se Petitioner.
Thomas R. Ragatz, Esq., Office of the Minnesota Attorney General, counsel for
Respondent.
United States Magistrate Judge Dolce J. Foster issued a Report and
Recommendation (“R&R”) on February 20, 2026. (Doc. No. 5.) Petitioner has filed an
objection to the R&R in the time period permitted. (Doc. No. 6.)
The portions of the R&R to which Plaintiff objects are reviewed de novo and the
recommendations made by the magistrate judge may be accepted, rejected, or modified, in
whole or in part. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b)(3). Any aspect of an R&R to
which no specific objection is made is reviewed for clear error. Grinder v. Gammon, 73
F.3d 793, 795 (8th Cir. 1996); see also Fed. R. Civ. P. 72(b) advisory committee’s note to
1983 amendment (“When no timely objection is filed, the court need only satisfy itself
that there is no clear error on the face of the record in order to accept the
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recommendation.”). Because Plaintiff is pro se, his objections are entitled to liberal
construction. Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Petitioner’s objections to the February 20, 2026 R&R have been reviewed.
Petitioner’s objections do not identify any error of law or fact that warrant rejecting the
recommendations in the R&R. And, after carefully reviewing all other portions of the
R&R not specifically objected to, it is neither clearly erroneous nor contrary to law. Based
on that review, and in consideration of the applicable law, the R&R is accepted in its
entirety.
Accordingly, IT IS HEREBY ORDERED that:
1. 	Petitioner’s Objections to the Report and Recommendation (Doc. No. 6) are
OVERRULED;
2. 	The Report and Recommendation (Doc. No. 5) is ACCEPTED;
3. 	Petitioner Michael Benson’s Petition for Writ of Habeas Corpus (Doc. No. 1)
is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: April 28, 2026 	s/ Jerry W. Blackwell
JERRY W. BLACKWELL
United States District Judge
CASE 0:26-cv-01421-JWB-DJF Doc. 7 Filed 04/28/26 Page 2 of 2