Jackson v. Mend Correctional Care
- Eric Tostrud
- 0:19-cv-01226
- U.S. District Court · District of Minnesota
- 1
In Jackson v. Mend Correctional Care, Judge Tostrud dismissed the complaint without prejudice and denied Jackson’s fee application as moot.
Larry Dion Jackson’s complaint was dismissed without prejudice, and his application to proceed without prepaying fees or costs was denied as moot. Mend Correctional Care and Nurse Martha Denzer were the defendants in the dismissed action.
What happened
Larry Dion Jackson sued Mend Correctional Care and Nurse Martha Denzer. The court received a recommended decision from Magistrate Judge Steven E. Rau, and no party objected.
The court reviewed the recommendation for clear error and found none. The opinion does not describe the underlying claims or decide them.
Judge Eric C. Tostrud accepted the recommendation, dismissed Jackson’s complaint without prejudice for failure to prosecute, and denied his application to proceed without prepaying fees or costs as moot.
The detailed version
- Jackson v. Mend Correctional Care · No. 0:19-cv-01226
- Eric Tostrud
- July 12, 2019
Background
Larry Dion Jackson brought the case against Mend Correctional Care and Nurse Martha Denzer. The court had received a June 17, 2019 Report and Recommendation from United States Magistrate Judge Steven E. Rau.
Review of the Recommendation
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error.
Ruling
The court accepted the Report and Recommendation. It dismissed Jackson’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). A dismissal without prejudice does not itself bar refiling. The court also denied Jackson’s application to proceed in district court without prepaying fees or costs as moot, meaning the court considered that application no longer necessary to decide. The order did not address the merits of Jackson’s underlying claims. Judge Eric C. Tostrud signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.