Hazley v. Hennepin Cty Med. Ctr

Background

Glenn Kevin Hazley brought a complaint under 42 U.S.C. § 1983 against Hennepin Cty Med. Ctr, Hennepin Cty ADC, a classification officer, an intake nurse, D. Hutchinsen, and Seargent City Hall. The opinion notes that “Hutchinsen” appears to be a misspelling of Defendant Hutchinson’s name in the complaint.

United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 31, 2024. It recommended dismissing Hazley’s complaint and directing the institution where he was incarcerated to collect monthly payments toward the action’s filing fee under 28 U.S.C. § 1915(b)(2). No party objected.

Court’s Analysis

Because there were no objections, the court reviewed the recommendation for clear error. The court found no clear error in the recommendation that the complaint be dismissed because it failed to state a viable claim for relief.

The court modified the recommendation concerning monthly payments. After the magistrate judge issued the recommendation, Hazley informed the court that he was no longer imprisoned. The court therefore concluded that the payment mechanism in § 1915(b)(2) did not currently apply. Hazley nevertheless remained responsible for the full outstanding filing fee. The opinion states that $327.96 of the $350 filing fee remained unpaid and that the statutory payment provision might apply if Hazley were imprisoned again in the future.

Disposition

The court adopted the Report and Recommendation. It dismissed Hazley’s complaint without prejudice, denied his application to proceed without paying the full filing fee, and ordered him to pay the unpaid balance of the action’s statutory filing fee. Judge Laura M. Provinzino entered the order and directed that judgment be entered accordingly.