Bui v. US Attorney
- Eric Tostrud
- 0:19-cv-02785
- U.S. District Court · District of Minnesota
- 1
In Bui v. U.S. Attorney, Judge Tostrud dismissed Michael John Bui’s complaint without prejudice, denied fee prepayment, and denied defendants’ dismissal motion as moot.
Michael John Bui’s complaint was dismissed without prejudice, and his application to proceed without prepaying fees or costs was denied. The defendants’ motion to dismiss was denied as moot.
What happened
In Bui v. U.S. Attorney, the court reviewed a magistrate judge’s report and recommendation concerning Michael John Bui’s complaint. The opinion does not describe the complaint’s allegations or the reason recommended for dismissal.
No party objected to the report and recommendation. The court therefore reviewed it for clear error, meaning it looked for an obvious mistake, and found none.
Judge Tostrud accepted the report and recommendation, dismissed Bui’s complaint without prejudice, and denied his application to proceed without prepaying fees or costs. The court also denied defendants’ motion to dismiss as moot, meaning the motion no longer required a ruling because of the complaint’s dismissal.
The detailed version
- Bui v. US Attorney · No. 0:19-cv-02785
- Eric Tostrud
- Mar. 12, 2020
Background
Michael John Bui filed a complaint against the U.S. Attorney, Chad A. Blumenfield, and the U.S. Marshals. The opinion does not provide the complaint’s allegations or explain the recommended basis for dismissal. Bui also submitted an application to proceed in district court without prepaying fees or costs. The defendants filed a motion to dismiss.
Report and Recommendation
United States Magistrate Judge Katherine Menendez issued a January 23, 2020 report and recommendation. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court reviewed the recommendation for clear error. The court found no clear error.
Rulings
The court ordered that:
- The report and recommendation was accepted. - Bui’s complaint was dismissed without prejudice. - Bui’s application to proceed without prepaying fees or costs was denied. - The defendants’ motion to dismiss was denied as moot.
The order directed that judgment be entered. This order does not state why the complaint was dismissed, and the magistrate judge’s report and recommendation is not included in the provided text.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.