Thompson v. Clay County Sheriffs and Correctional Facility
- Katherine Menendez
- 0:25-cv-02398
- U.S. District Court · District of Minnesota
- 2
In Thompson v. Clay County Sheriffs, Judge Menendez dismissed pro se plaintiff Joshua Thompson's amended complaint without prejudice for failing to state a valid legal claim.
Incarcerated individuals who file federal civil rights lawsuits without a lawyer, particularly those whose complaints may be subject to mandatory court screening under the Prison Litigation Reform Act (28 U.S.C. § 1915A). This order also affects Thompson's obligation to pay the remaining $344.21 filing fee.
What happened
In Thompson v. Clay County Sheriffs and Correctional Facility, and Mike Rapp, No. 25-cv-2398, Joshua Thompson filed a lawsuit against Clay County Sheriffs and Correctional Facility and Mike Rapp. A magistrate judge reviewed the case under a federal law (28 U.S.C. § 1915A) that requires courts to screen complaints filed by prisoners and recommended dismissing Thompson's amended complaint because it failed to state a claim for which a court could grant relief.
Because Thompson did not file any objections to the magistrate judge's recommendations by the October 23, 2025 deadline — a letter received from him on November 12, 2025 contained no objections — the district court reviewed the recommendations only for clear error, meaning it looked for obvious mistakes rather than conducting a full independent review.
Judge Katherine Menendez accepted the magistrate judge's Report and Recommendation in full. The amended complaint was dismissed without prejudice, meaning Thompson is not permanently barred from refiling. His applications to proceed without paying filing fees and his motions to have a lawyer appointed were denied as moot (no longer relevant given the dismissal). Thompson was also ordered to pay the remaining $344.21 unpaid balance of the filing fee, with notice to be sent to the institution where he is held.
The detailed version
- Thompson v. Clay County Sheriffs and Correctional Facility · No. 0:25-cv-02398
- Katherine Menendez
- Dec. 23, 2025
Background
Joshua Thompson, a confined individual proceeding without a lawyer (pro se), filed suit against Clay County Sheriffs and Correctional Facility and Mike Rapp. He also submitted two applications to proceed in forma pauperis (IFP) — a request to litigate without prepaying court fees — and two motions to have counsel appointed.
Magistrate Judge's Report and Recommendation
United States Magistrate Judge John F. Docherty issued a Report and Recommendation (R&R) on October 9, 2025 recommending dismissal of Thompson's Amended Complaint. The legal basis was 28 U.S.C. § 1915A(b)(1), a provision that requires federal courts to screen complaints filed by prisoners and to dismiss any complaint that fails to state a claim upon which relief may be granted. Judge Docherty found Thompson's Amended Complaint did not meet that standard. He further recommended that the two IFP applications and two motions to appoint counsel be denied as moot — meaning that, given the recommended dismissal, there was nothing left for those motions to address. Finally, Judge Docherty recommended that Thompson be required to pay the remaining unpaid balance of his filing fee.
Plaintiff's Response
The deadline to file objections to the R&R was October 23, 2025. Thompson did not file objections by that date. The court received a letter from Thompson on November 12, 2025, but the letter contained no objections to the R&R.
Standard of Review
Because no objections were filed, Judge Menendez applied a clear error standard of review — a deferential standard under which the district court looks only for obvious mistakes in the magistrate judge's analysis, rather than reconsidering the matter independently. (Citing Nur v. Olmsted Cnty., 563 F. Supp. 3d 946, 949 (D. Minn. 2021); Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996).)
Ruling
Judge Menendez found no clear error and accepted the R&R in full. The court ordered:
- The R&R is accepted.
- The Amended Complaint is dismissed without prejudice — meaning Thompson is not permanently barred from attempting to refile.
- Thompson's IFP applications (Dkts. 5, 8) and motions to appoint counsel (Dkts. 16, 20) are denied as moot.
- Thompson is required to pay the remaining unpaid filing fee balance of $344.21 pursuant to 28 U.S.C. § 1915(b)(2), with the Clerk of Court directed to notify the authorities at the institution where Thompson is confined.
Judgment was entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.