Cooley v. Dakota County Jail Kitchen Staff/Medical Staff
- Laura Provinzino
- 0:24-cv-02457
- U.S. District Court · District of Minnesota
- 2
In Morye Cooley v. ACH, Judge Provinzino dismissed Cooley’s claims against ACH without prejudice.
Morye Cooley’s claims against Advanced Correctional Healthcare (ACH) were dismissed without prejudice. The order does not state a disposition for Summit.
What happened
In Morye Cooley v. ACH and Summit, Morye Cooley asked to dismiss his claims against Advanced Correctional Healthcare, or ACH. ACH told the court it did not oppose the request.
A magistrate judge recommended granting Cooley’s request and dismissing ACH from the lawsuit without prejudice. No one objected to that recommendation, so the court reviewed it for clear error.
Finding no clear error, Judge Laura M. Provinzino adopted the recommendation and dismissed the amended complaint as to ACH without prejudice. The order does not state a disposition for Summit.
The detailed version
- Cooley v. Dakota County Jail Kitchen Staff/Medical Staff · No. 0:24-cv-02457
- Laura M. Provinzino
- Mar. 4, 2025
Background
Morye Cooley asked to dismiss his claims against Advanced Correctional Healthcare (ACH). ACH informed the court that it did not oppose the request. The case caption also lists Summit as a defendant, but this order addresses only ACH.
Recommendation and Review
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation recommending that Cooley’s request be granted and that his claims against ACH be dismissed without prejudice. No objections were filed within the permitted time. The district court therefore reviewed the recommendation for clear error.
Ruling
Judge Laura M. Provinzino found no clear error and adopted the Report and Recommendation. The court ordered that the amended complaint be dismissed without prejudice as to ACH. The order does not state a disposition for Summit. “Without prejudice” means the order does not bar refiling the claims, although the opinion does not discuss any other requirements for doing so.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.