Ontiveros v. Ontiveros
- Wilhelmina Wright
- 0:18-cv-01916
- U.S. District Court · District of Minnesota
- 2
In Ontiveros v. Ontiveros, Judge Wright adopted the recommendation, denied summary judgment, denied a record motion as moot, and dismissed the case with prejudice as frivolous.
Plaintiff Tito Freddy Ontiveros and the defendant identified in the caption as Tito Freddy Ontiveros; the case was dismissed with prejudice.
What happened
Ontiveros v. Ontiveros involved a February 25, 2019 report and recommendation from a magistrate judge. The opinion does not explain the underlying dispute or claims.
No timely, specific objections were filed. The court therefore checked the recommendation for clear error and found none. It adopted the recommendation, denied the plaintiff’s summary-judgment motion, and denied the motion to correct the record as moot.
Judge Wilhelmina M. Wright ordered that the case be dismissed with prejudice as frivolous and directed that judgment be entered.
The detailed version
- Ontiveros v. Ontiveros · No. 0:18-cv-01916
- Wilhelmina Wright
- Apr. 2, 2019
Background
The opinion concerns the February 25, 2019 report and recommendation of United States Magistrate Judge Katherine M. Menendez. The opinion does not describe the underlying claims or explain why the case was considered frivolous beyond adopting the report and recommendation.
Review of the Recommendation
The parties did not file timely objections to the report and recommendation. The court stated that several later filings were not specific objections to the recommendation’s conclusions. Because there were no timely, specific objections, the court reviewed the recommendation for clear error—a review asking whether an obvious mistake appears on the face of the record. The court found no clear error.
Rulings
The court adopted the February 25, 2019 report and recommendation. It denied Plaintiff Tito Freddy Ontiveros’s motion for summary judgment. It denied as moot Plaintiff Tito Freddy Ontiveros’s motion to correct the record. The court dismissed the case with prejudice as frivolous and ordered that judgment be entered. Judge Wilhelmina M. Wright signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.