Harris v. Janssen
- Eric Tostrud
- 0:19-cv-02428
- U.S. District Court · District of Minnesota
- 1
In Harris v. Janssen, Judge Tostrud dismissed the matter, denied the petitioner’s fee application as moot, and declined to issue an appeal certificate.
Benjamin L. Harris’s matter was dismissed. His application to proceed without paying filing fees was denied as moot, and no certificate of appealability will issue. Vicki Janssen was the respondent.
What happened
Benjamin L. Harris brought this matter against Vicki Janssen. The opinion does not describe the underlying claim or the reason for dismissal.
A magistrate judge recommended dismissal. No party objected, so the court reviewed the recommendation for clear error and found none.
Judge Eric C. Tostrud accepted the recommendation, dismissed the matter, denied Harris’s application to proceed without paying filing fees as moot, and stated that no certificate of appealability would issue.
The detailed version
- Harris v. Janssen · No. 0:19-cv-02428
- Eric Tostrud
- Oct. 7, 2019
Background
The opinion concerns a Report and Recommendation issued by United States Magistrate Judge David T. Schultz on September 10, 2019. The opinion does not state the underlying claim or explain the recommended basis for dismissal.
Court’s Review
No party objected to the Report and Recommendation. Under the applicable procedure, the district court therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error.
Disposition
Judge Eric C. Tostrud ordered that the Report and Recommendation be accepted and that the matter be dismissed. The court also denied Benjamin L. Harris’s application to proceed without paying filing fees as moot. The court stated that no certificate of appealability would issue and directed that judgment be entered.
Because the opinion does not include the Report and Recommendation or identify the basis for dismissal, it does not establish whether the court reached the merits of the underlying matter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.