Michael J. B. v. Berryhill
- Eric Tostrud
- 0:19-cv-00839
- U.S. District Court · District of Minnesota
- 1
In Michael J. B. v. Berryhill, Judge Tostrud accepted the recommendation, granted dismissal, and dismissed the complaint without prejudice.
Michael J. B.’s complaint was dismissed without prejudice, and Nancy A. Berryhill’s motion to dismiss was granted.
What happened
In Michael J. B. v. Berryhill, the court considered a magistrate judge’s recommendation concerning the Social Security case. No party objected to the recommendation.
The court reviewed the recommendation for clear error and found none. The opinion does not state the reason for the defendant’s motion to dismiss or the recommended dismissal.
Judge Eric C. Tostrud accepted the recommendation, granted the defendant’s motion to dismiss, and dismissed Michael J. B.’s complaint without prejudice. The court ordered that judgment be entered.
The detailed version
- Michael J. B. v. Berryhill · No. 0:19-cv-00839
- Eric Tostrud
- Mar. 12, 2020
Background
The court received a January 29, 2020 Report and Recommendation from United States Magistrate Judge Katherine Menendez. No party objected to the recommendation.
Court’s review
Because there were no objections, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error.
Ruling
The court accepted the Report and Recommendation, granted the defendant’s motion to dismiss, and dismissed the plaintiff’s complaint without prejudice. The court ordered that judgment be entered accordingly.
What the opinion does not say
This order does not explain the basis for the motion to dismiss or identify the claims’ underlying facts. Because the order dismissed the complaint under a motion-to-dismiss ruling without addressing the merits, this is a procedural disposition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.