Embaye v. Minneapolis Police Department
- Eric Tostrud
- 0:19-cv-02794
- U.S. District Court · District of Minnesota
- 1
In Embaye v. Scoggin, Judge Tostrud dismissed Abraham Embaye’s complaint without prejudice and denied his application to proceed without prepaying fees as moot.
Abraham Embaye’s complaint was dismissed without prejudice, and his application to proceed without prepaying fees was denied as moot. Elizabeth Scoggin is named as the defendant, but the order does not describe any separate relief against her.
What happened
In Embaye v. Scoggin, the court dismissed Abraham Embaye’s complaint without prejudice, meaning the order did not bar refiling.
A magistrate judge had issued a Report and Recommendation, and no party objected. The court reviewed it for clear error and found none. It also denied Embaye’s application to proceed without prepaying court fees as moot.
Judge Eric C. Tostrud accepted the Report and Recommendation, dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B), and denied the fee application as moot. The order does not describe the complaint’s allegations or explain the underlying reasons for dismissal.
The detailed version
- Embaye v. Minneapolis Police Department · No. 0:19-cv-02794
- Eric Tostrud
- Mar. 27, 2020
Background
Abraham Embaye filed a complaint against Elizabeth Scoggin. Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on January 30, 2020. The opinion does not provide the complaint’s allegations or the recommendation’s reasoning.
Court’s review
No party objected to the Report and Recommendation. The district court therefore reviewed it for clear error, meaning an obvious mistake, and found no clear error.
Ruling
The court accepted the Report and Recommendation. It dismissed Embaye’s complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B). “Without prejudice” means the dismissal itself does not bar refiling. The court also denied Embaye’s application to proceed in district court without prepaying fees as moot, meaning the court treated that request as no longer requiring a ruling.
Effect of the order
The order ended the matter addressed in this ruling, but it does not state any separate relief involving Elizabeth Scoggin or explain the factual or legal basis for dismissing the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.