Luis Munoz Menco v. United States of America
- Eric Tostrud
- 0:25-cv-04238
- U.S. District Court · District of Minnesota
- 1
In Luis Munoz Menco v. United States of America, Judge Tostrud dismissed without prejudice the petitioner's request for court-ordered release (habeas corpus petition) because the petitioner failed to take the steps needed to move his case forward.
Luis Munoz Menco, a petitioner who sought federal court review of what appears to be a detention or conviction, whose case has been dismissed — though he may refile. Others in similar situations who fail to take required steps to move their federal cases forward may face the same outcome.
What happened
In Luis Munoz Menco v. United States of America (File No. 25-cv-4238), a prisoner or detained person named Luis Munoz Menco filed a petition asking a federal court to order his release or review the legality of his detention — a legal action known as a habeas corpus petition. Magistrate Judge Leo I. Brisbois reviewed the case and issued a Report and Recommendation on December 4, 2025, recommending the case be dismissed because the petitioner failed to prosecute, meaning he did not take the necessary steps to keep his case moving forward. No party objected to that recommendation.
Because no objections were filed, the court reviewed the recommendation only for clear error — a relatively limited review that asks whether anything in the recommendation was obviously wrong. The court found no clear error in Magistrate Judge Brisbois's analysis or conclusions.
Judge Eric C. Tostrud accepted the Report and Recommendation in full and dismissed the petition without prejudice, meaning Luis Munoz Menco is not permanently barred from filing again — he may refile if he is able to properly prosecute his claim. Judgment was ordered to be entered accordingly.
The detailed version
This is a short procedural order by United States District Judge Eric C. Tostrud of the District of Minnesota, entered December 30, 2025, in the case of Luis Munoz Menco v. United States of America, File No. 25-cv-4238 (ECT/LIB).
Background
Petitioner Luis Munoz Menco filed a Petition for a Writ of Habeas Corpus (ECF No. 1), a legal mechanism used to challenge the legality of a person's detention or imprisonment. The respondent is the United States of America.
Magistrate Judge's Report and Recommendation
Magistrate Judge Leo I. Brisbois issued a Report and Recommendation (R&R) on December 4, 2025 (ECF No. 6), recommending dismissal of the petition for failure to prosecute — meaning the petitioner did not take the necessary procedural steps to advance the case.
Standard of Review
Because no party filed objections to the R&R, the district court reviewed it only for clear error, pursuant to Federal Rule of Civil Procedure 72(b) and Eighth Circuit precedent (Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996)). This is a deferential standard that does not involve a fresh, independent review of the merits.
Ruling
Finding no clear error, Judge Tostrud accepted the R&R and dismissed the habeas petition without prejudice for failure to prosecute. A dismissal without prejudice does not bar refiling; the petitioner may potentially bring a new petition if he is able to comply with procedural requirements. Judgment was ordered to be entered accordingly.
Note
The opinion does not describe the underlying facts of the detention or the specific procedural failures that led to the failure-to-prosecute finding; those details would be found in the Magistrate Judge's R&R (ECF No. 6), which is not reproduced here.
Reviewer note from the AI+
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.