Semler v. Eastbay, Inc.
- Wilhelmina Wright
- 0:18-cv-03220
- U.S. District Court · District of Minnesota
- 2
In Semler v. Eastbay, Judge Wright granted Eastbay’s motion in part and denied it in part, dismissing Semler’s Fourteenth Amendment claim with prejudice and remanding his Minnesota claims.
Raymond L. Semler’s Fourteenth Amendment claim was dismissed with prejudice, while his Minnesota state-law claims were sent to Ramsey County District Court. Eastbay, Inc.’s motion to dismiss was granted in part and denied in part.
What happened
Raymond L. Semler sued Eastbay, Inc., and unidentified individuals. Eastbay asked the court to dismiss the case. The claims included a claim under the Fourteenth Amendment and claims under Minnesota law.
A magistrate judge issued a report and recommendation about Eastbay’s motion. No timely objections were filed, so the district court reviewed the recommendation for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation. The court granted Eastbay’s motion to dismiss in part and denied it in part: Semler’s Fourteenth Amendment claim was dismissed with prejudice, while his Minnesota state-law claims were remanded to Ramsey County District Court, Second Judicial District of Minnesota.
The detailed version
- Semler v. Eastbay, Inc. · No. 0:18-cv-03220
- Wilhelmina Wright
- Apr. 29, 2019
Background
Raymond L. Semler brought claims against Eastbay, Inc., and unidentified defendants at the Minnesota Sex Offender Program in Moose Lake. The opinion identifies a Fourteenth Amendment claim and Minnesota state-law claims. Eastbay moved to dismiss.
Report and Recommendation
United States Magistrate Judge Leo I. Brisbois issued a March 4, 2019 report and recommendation addressing Eastbay’s motion. No objections were filed within the permitted time. When no timely objection is filed, the district court reviews the recommendation for clear error on the face of the record. The court reviewed the recommendation and found no clear error.
Ruling
Judge Wilhelmina M. Wright adopted the report and recommendation. The court granted Eastbay, Inc.’s motion to dismiss in part and denied it in part. Specifically, the court dismissed Semler’s Fourteenth Amendment claim with prejudice. It also remanded Semler’s Minnesota state-law claims to Ramsey County District Court, Second Judicial District of Minnesota. The court directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.