Horswell v. Saint Peter Regional Treatment Center

Background

Phillip Horswell brought this action against Saint Peter Regional Treatment Center. The matter came before the district court on a report and recommendation by United States Magistrate Judge Leo I. Brisbois. The recommendation stated that the action should be dismissed for lack of subject-matter jurisdiction, meaning the court lacked legal authority to decide the case. It also stated, alternatively, that Horswell’s complaint failed to state a claim.

The magistrate judge also recommended dismissing as moot Horswell’s application to proceed without prepaying fees or costs and his motion for a preliminary injunction. The opinion states that Horswell had filed several other cases in the District of Minnesota that were dismissed for lack of merit or failure to establish subject-matter jurisdiction, or were recommended for dismissal. The court warned that continued meritless litigation could result in Horswell being added to the District’s list of restricted filers.

Court’s Review

Neither party objected to the report and recommendation within the permitted time. The district court therefore reviewed it for clear error and found none.

Ruling

Judge Jeffrey M. Bryan adopted the report and recommendation. The court dismissed the action without prejudice for lack of subject-matter jurisdiction. It denied as moot Horswell’s application to proceed without prepaying fees or costs and denied as moot his motion for a preliminary injunction. The court directed that judgment be entered accordingly.