Phillips v. Price
- Wilhelmina Wright
- 0:19-cv-02786
- U.S. District Court · District of Minnesota
- 2
In Phillips v. Price, Judge Wright adopted the recommendation, dismissing three cases without prejudice and one with prejudice.
Lametra Phillips and the defendants in the four cases. Three cases were dismissed without prejudice, one was dismissed with prejudice, and Phillips’s applications to proceed without paying the filing fees were denied as moot.
What happened
Phillips v. Price involves four cases connected to ongoing child-custody proceedings in Hennepin County District Court. A magistrate judge recommended dismissing each case, and Lametra Phillips did not timely object.
The district court reviewed the recommendation for clear error and found none. It adopted the recommendation and dismissed Case Nos. 19-cv-2786, 19-cv-2798, and 19-cv-2800 without prejudice, while dismissing Case No. 19-cv-2801 with prejudice.
Judge Wilhelmina M. Wright also denied Phillips’s applications to proceed without paying the filing fees as moot. The order directed that judgment be entered.
The detailed version
- Phillips v. Price · No. 0:19-cv-02786
- Wilhelmina Wright
- Jan. 23, 2020
Background
These four matters concern ongoing child-custody proceedings in Hennepin County District Court. Lametra Phillips was the plaintiff in each case. The defendants were Therese Price, Maria Pfuehler, and the Hennepin County District Court Clerk of Courts, with the clerk named as defendant in two cases.
A United States magistrate judge issued a December 4, 2019 report and recommendation recommending dismissal of each case. Phillips did not file timely objections.
Court’s Analysis
Because no timely objections were filed, the district court reviewed the report and recommendation for clear error on the face of the record. The court stated that it carefully conducted that review and found no clear error.
Disposition
The court adopted the December 4, 2019 report and recommendation. It dismissed Case Nos. 19-cv-2786, 19-cv-2798, and 19-cv-2800 without prejudice. It dismissed Case No. 19-cv-2801 with prejudice. The court also denied Phillips’s applications to proceed without paying the filing fees as moot and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.