Kalombo v. Matthew
- Paul Magnuson
- 0:24-cv-01980
- U.S. District Court · District of Minnesota
- 2
Kalombo v. Matthew: Judge Magnuson dismissed the case without prejudice for lack of jurisdiction and denied the fee-waiver application as moot.
Pierre Kalombo’s case was dismissed without prejudice for lack of subject-matter jurisdiction, and his application to proceed without prepaying fees or costs was denied as moot. The defendants were not subjected to a merits ruling in this order.
What happened
In Kalombo v. Matthew, Pierre Kalombo sued Matthew, identified as the warden at Kandiyohi County Jail, and the Kandiyohi County Jail. The court considered a magistrate judge’s recommendation to dismiss the case for lack of authority to hear it.
The court reviewed the recommendation and found no error. It adopted the recommendation and dismissed the case without prejudice, meaning the dismissal did not bar refiling. The court also denied Kalombo’s application to proceed without paying court fees because the dismissal made that application moot, or no longer necessary to decide.
Judge Paul A. Magnuson entered the order on August 1, 2024. The order directed that judgment be entered accordingly.
The detailed version
- Kalombo v. Matthew · No. 0:24-cv-01980
- Paul Magnuson
- Aug. 1, 2024
Background
Pierre Kalombo brought this matter against Matthew, identified as the warden at Kandiyohi County Jail, and the Kandiyohi County Jail. The opinion does not describe the underlying claims or explain why the court lacked subject-matter jurisdiction.
Report and Recommendation
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation dated July 1, 2024. It recommended dismissing the matter without prejudice for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). Subject-matter jurisdiction is the court’s legal authority to hear a case.
The district court stated that it had reviewed the recommendation and found no error, clear or otherwise, in the magistrate judge’s reasoning. The opinion describes the standards for reviewing objections to a magistrate judge’s recommendation but does not state whether Kalombo filed specific objections.
Ruling
The court adopted the Report and Recommendation and dismissed the matter without prejudice. It also denied Kalombo’s Application to Proceed in District Court Without Prepaying Fees or Costs as moot. The court directed that judgment be entered accordingly.
Disposition
- The Report and Recommendation was adopted.
- The matter was dismissed without prejudice for lack of subject-matter jurisdiction.
- Kalombo’s application to proceed without prepaying fees or costs was denied as moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.