Latimer v. Schnell
- Jeffrey Bryan
- 0:23-cv-00190
- U.S. District Court · District of Minnesota
- 2
In Latimer v. Schnell, Judge Bryan adopted the recommendation, granted defendants summary judgment, denied two motions as moot, and dismissed the matter with prejudice.
Mark Latimer’s case was dismissed with prejudice after the court granted Paul Schnell and William Bolin’s motion for summary judgment. Latimer’s motions to move forward and appoint counsel were denied as moot.
What happened
Latimer v. Schnell involved Mark Latimer’s case against Paul Schnell and William Bolin. This order does not describe the underlying claims. A magistrate judge recommended granting the defendants’ request for summary judgment and treating Latimer’s motions to move forward and appoint counsel as moot.
Neither side objected to that recommendation. The court therefore reviewed it for clear error and found none.
Judge Jeffrey M. Bryan adopted the recommendation, granted the defendants’ motion for summary judgment, denied Latimer’s other two motions as moot, and dismissed the matter with prejudice. The court directed that judgment be entered.
The detailed version
- Latimer v. Schnell · No. 0:23-cv-00190
- Jeffrey M. Bryan
- Feb. 28, 2025
Background
Mark Latimer represented himself in this case against Paul Schnell and William Bolin. The order addresses a report and recommendation issued by United States Magistrate Judge Shannon G. Elkins on January 29, 2025. The order does not state the underlying claims or describe the events giving rise to the case.
The magistrate judge recommended granting the defendants’ motion for summary judgment. Summary judgment is a decision resolving a case when the court determines that the record does not require a trial on the claims. The recommendation also stated that Latimer’s motion to move forward and motion to appoint counsel should be denied as moot, meaning those motions no longer required a decision because of the recommended resolution of the case.
Review of the Recommendation
Neither party objected to the report and recommendation, and the time for objections had expired. The court therefore reviewed the recommendation for clear error. The court found no clear error.
Ruling
Judge Jeffrey M. Bryan adopted the report and recommendation. The court:
- granted the defendants’ motion for summary judgment; - denied Latimer’s motion to move forward as moot; - denied Latimer’s motion to appoint counsel as moot; and - dismissed the matter with prejudice.
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.