Braun v. Vierzba
- Donovan Frank
- 0:26-cv-00401
- U.S. District Court · District of Minnesota
- 2
In Braun v. Vierzba, Judge Frank dismissed Nathan C. Braun's complaint without prejudice, adopting a magistrate judge's recommendation.
Nathan C. Braun, who brought this lawsuit and whose complaint has been dismissed without prejudice, meaning he may potentially refile. The underlying nature of the dispute is not described in this order.
What happened
In Braun v. Vierzba (Civil No. 26-401), plaintiff Nathan C. Braun filed a lawsuit in the U.S. District Court for the District of Minnesota against defendant Christopher Vierzba. Braun also asked the court to allow him to proceed without paying filing fees upfront. Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on February 9, 2026, recommending that the entire complaint be dismissed and that the fee-waiver request be denied as moot.
Braun did not file any objections to the Magistrate Judge's Report and Recommendation within the time allowed by court rules. When no objections are filed, the district court is only required to review the recommendation for obvious mistakes — a lower standard than a full independent review.
Judge Donovan W. Frank found no obvious error in the Magistrate Judge's analysis and adopted the Report and Recommendation in full. Braun's claims were dismissed without prejudice — meaning he is not automatically barred from refiling — and his request to waive prepayment of court fees was denied as moot, meaning the dismissal made that request irrelevant.
The detailed version
- Braun v. Vierzba · No. 0:26-cv-00401
- Donovan Frank
- Mar. 6, 2026
Background
Plaintiff Nathan C. Braun filed a complaint in the U.S. District Court for the District of Minnesota against defendant Christopher Vierzba. Along with the complaint, Braun filed an application to proceed in forma pauperis — that is, a request to proceed in court without prepaying filing fees or costs. The opinion does not describe the underlying factual allegations or the legal claims asserted, stating only that the factual background is set forth in the Magistrate Judge's Report and Recommendation and is incorporated by reference.
Magistrate Judge's Report and Recommendation
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation (R&R) on February 9, 2026 (Doc. No. 3). She recommended (1) dismissing the complaint in its entirety and (2) denying the fee-waiver application as moot, meaning dismissal of the complaint rendered the fee issue irrelevant.
Absence of Objections and Standard of Review
Braun did not file any objections to the R&R within the time permitted under Local Rule 72.2(b)(1). Under governing standards — including Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996), and Federal Rule of Civil Procedure 72(b) — when no objections are filed, the district court reviews the R&R only for clear error, a deferential standard that requires adoption unless the magistrate judge made an obvious mistake.
Ruling
Judge Frank found no clear error in the R&R and adopted it in full. The court ordered:
- The R&R is adopted.
- Braun's claims are dismissed without prejudice — he is not permanently barred from refiling, though whether he may do so depends on factors not addressed in this order.
- Braun's fee-waiver application is denied as moot.
Judgment was directed to be entered accordingly.
Limitations of This Summary
Because this order incorporates the Magistrate Judge's R&R by reference rather than restating its reasoning, the underlying legal basis for dismissal — including the cause of action, the statutory or constitutional claims, and the reasons for dismissal — cannot be determined from the text of this order alone. Readers seeking the full reasoning should consult the February 9, 2026 R&R (Doc. No. 3).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.