Roybal v. Schnell
- Eric Tostrud
- 0:24-cv-01652
- U.S. District Court · District of Minnesota
- 2
In Roybal v. Schnell, Judge Tostrud accepted the report, dismissed three plaintiffs without prejudice, and denied their applications to proceed without paying filing fees as moot.
Damion John Gullickson, Jr., Shawn Joseph Nelson, and Cameron Eugene Urban were dismissed without prejudice. Their applications to proceed without paying filing fees were denied as moot.
What happened
Roybal v. Schnell involved plaintiffs Kristopher Lee Roybal, Damion John Gullickson, Jr., Shawn Joseph Nelson, and Cameron Eugene Urban, and defendant Paul Schnell, the Commissioner of Corrections, sued in his official capacity.
Magistrate Judge David T. Schultz issued a Report and Recommendation on August 7, 2024. No party objected, so the district court reviewed it for obvious error and found none. The opinion does not explain the underlying reasons for the recommended dismissals.
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed Gullickson, Nelson, and Urban without prejudice, and denied each of their applications to proceed without paying filing fees as moot.
The detailed version
- Roybal v. Schnell · No. 0:24-cv-01652
- Eric Tostrud
- Sept. 11, 2024
Background
The plaintiffs were Kristopher Lee Roybal, Damion John Gullickson, Jr., Shawn Joseph Nelson, and Cameron Eugene Urban. The defendant was Paul Schnell, Commissioner of Corrections, sued in his official capacity. The opinion does not describe the claims or the underlying facts.
Report and Recommendation
Magistrate Judge David T. Schultz issued a Report and Recommendation on August 7, 2024. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error—an obvious mistake—and found none. The opinion does not state the recommendation's reasoning for dismissing the three plaintiffs.
Rulings
The court ordered the following:
- The Report and Recommendation was accepted. - Damion John Gullickson, Jr., Shawn Joseph Nelson, and Cameron Eugene Urban were dismissed from the action without prejudice, meaning the opinion did not bar them from bringing the matter again. - Gullickson's application to proceed in forma pauperis, meaning to proceed without paying filing fees, was denied as moot. - Nelson's application to proceed in forma pauperis was denied as moot. - Urban's application to proceed in forma pauperis was denied as moot.
The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.