Koski v. Jago
- Eric Tostrud
- 0:18-cv-02085
- U.S. District Court · District of Minnesota
- 1
In Koski v. Jago, Judge Tostrud accepted the recommendation, dismissed the action without prejudice, and denied Jacqueline K. Koski’s application to proceed without paying filing fees.
Jacqueline K. Koski’s action was dismissed without prejudice, and her application to proceed without paying filing fees was denied. The named defendants were affected by the dismissal of the action.
What happened
Koski v. Jago concerned a case brought by Jacqueline K. Koski against James Jago, Sara Janofski, Elizabeth Seibenalor, and St. Louis County PHHS. The district court had received a magistrate judge’s recommended decision, and no party objected.
Because there were no objections, the court reviewed the recommendation for clear error, meaning an obvious mistake. The court found no clear error and accepted the recommendation.
Judge Eric C. Tostrud dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). He also denied Koski’s application to proceed without paying filing fees, and the court directed that judgment be entered.
The detailed version
- Koski v. Jago · No. 0:18-cv-02085
- Eric Tostrud
- Dec. 19, 2018
Background
The opinion identifies Jacqueline K. Koski as the plaintiff and James Jago, Sara Janofski, Elizabeth Seibenalor, and St. Louis County PHHS as defendants. It does not describe the claims or the events underlying the action. The court had received a November 29, 2018 Report and Recommendation from United States Magistrate Judge Leo I. Brisbois.
Review of the Recommendation
No party objected to the Report and Recommendation. The district court therefore reviewed it for clear error, meaning an obvious mistake. The court stated that it found no clear error and accepted the recommendation.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not explain the specific basis for applying that provision beyond citing it. The court also denied Koski’s application to proceed without paying filing fees, a request commonly called proceeding in forma pauperis. The court directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.