Perkins v. City of Minneapolis
- Eric Tostrud
- 0:23-cv-03810
- U.S. District Court · District of Minnesota
- 1
In Perkins v. City of Minneapolis, Judge Tostrud denied Perkins’s premature summary-judgment motion without prejudice after accepting an unobjected-to recommendation.
Byron L. Perkins’s motion for summary judgment was denied without prejudice; the City of Minneapolis and the Minneapolis City Attorney Office were defendants in the case.
What happened
In Perkins v. City of Minneapolis, Byron L. Perkins asked the court to grant summary judgment. The opinion does not describe the underlying dispute or the arguments supporting his motion.
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on June 12, 2024. Because no party objected, the court reviewed it for clear error and found none.
Judge Eric C. Tostrud accepted the Report and Recommendation and denied Perkins’s motion for summary judgment without prejudice because it was premature.
The detailed version
- Perkins v. City of Minneapolis · No. 0:23-cv-03810
- Eric Tostrud
- July 29, 2024
Background
Byron L. Perkins sued the City of Minneapolis and the Minneapolis City Attorney Office. Perkins filed a motion for summary judgment. The opinion does not provide the factual background of the lawsuit or explain why Perkins sought summary judgment.
Report and Recommendation
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on June 12, 2024. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s analysis. The court found no clear error.
Ruling
Judge Eric C. Tostrud ordered that the Report and Recommendation be accepted. The court denied Byron L. Perkins’s motion for summary judgment without prejudice as premature. The opinion does not further explain the reason the motion was premature or address the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.