Yang v. State of Minnesota
- Wilhelmina Wright
- 0:19-cv-00740
- U.S. District Court · District of Minnesota
- 2
Yang v. State of Minnesota: Judge Wright dismissed Yang’s complaint without prejudice after finding failure to prosecute and nonpayment of the initial partial filing fee.
Mang Yang’s complaint was dismissed without prejudice. The order did not decide the underlying claims against the State of Minnesota, Ramsey County, or Ramsey County Jail.
What happened
In Yang v. State of Minnesota, the court considered a recommendation to dismiss Mang Yang’s complaint because he had not paid the required initial partial filing fee and had failed to move the case forward.
No objections were filed on time. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the record, and found none.
Judge Wilhelmina Wright adopted the recommendation and dismissed Yang’s complaint without prejudice. The order did not decide the underlying claims.
The detailed version
- Yang v. State of Minnesota · No. 0:19-cv-00740
- Wilhelmina Wright
- Oct. 23, 2019
Background
Mang Yang sued the State of Minnesota, Ramsey County, and Ramsey County Jail. The opinion does not describe the substance of Yang’s claims. A magistrate judge recommended dismissing the complaint without prejudice because Yang failed to prosecute the case, including by failing to pay the initial partial filing fee required by federal law.
Court’s review
Yang did not file timely objections to the magistrate judge’s report and recommendation. Without timely objections, Judge Wright reviewed the recommendation for clear error—an obvious error on the face of the record. The court found no clear error.
Ruling
Judge Wright adopted the report and recommendation. The court dismissed Yang’s complaint without prejudice and ordered that judgment be entered. The order resolved the case based on Yang’s failure to prosecute and failure to pay the required initial partial filing fee; it did not reach the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.