Cole v. United States Marshals Service
- Paul Magnuson
- 0:24-cv-02148
- U.S. District Court · District of Minnesota
- 2
In Cole v. United States Marshals Service, Judge Magnuson denied without prejudice Cole’s motion for default summary judgment after adopting an unobjected-to recommendation.
Victor Demitrius Cole and the United States Marshals Service
What happened
In Cole v. United States Marshals Service, Victor Demitrius Cole asked the court for default summary judgment against the United States Marshals Service. A magistrate judge recommended denying the motion without prejudice.
Cole did not object to the recommendation before the deadline. Judge Paul A. Magnuson therefore reviewed it for clear error and found none.
Judge Magnuson adopted the recommendation and denied Cole’s motion for default summary judgment without prejudice. The order did not state the underlying reasons for denying the motion.
The detailed version
- Cole v. United States Marshals Service · No. 0:24-cv-02148
- Paul Magnuson
- Jan. 10, 2025
Background
Victor Demitrius Cole filed a motion for default summary judgment against the United States Marshals Service. The court considered a Report and Recommendation from United States Magistrate Judge John F. Docherty, dated November 21, 2024. The recommendation advised denying Cole’s motion without prejudice, meaning the order did not bar a later filing.
Review of the Recommendation
Cole did not file objections, and the deadline for doing so had passed. Because there were no objections, the court reviewed the recommendation for clear error rather than conducting a full new review. The court stated that it found no error, clear or otherwise, in the magistrate judge’s reasoning.
Ruling
Judge Paul A. Magnuson adopted the Report and Recommendation and denied Cole’s Motion for Default Summary Judgment without prejudice. The order did not provide the underlying reasons for the recommended denial beyond stating that the court found no error in the magistrate judge’s reasoning.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.