Quinn v. Department of Justice
- Eric Tostrud
- 0:20-cv-00563
- U.S. District Court · District of Minnesota
- 2
In Quinn v. Department of Justice, Judge Tostrud dismissed the action without prejudice and denied Quinn’s fee-waiver application after finding no clear error.
Andrew Quinn and the named defendants; the action was dismissed without prejudice, and Quinn’s application to proceed without prepaying fees or costs was denied.
What happened
Quinn v. Department of Justice involved a report and recommendation by Magistrate Judge Elizabeth Cowan Wright. No party objected to the recommendation.
The court reviewed the recommendation for clear error, found none, and accepted it. The action was dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), and Andrew Quinn’s application to proceed without prepaying fees or costs was denied.
Judge Eric C. Tostrud entered the order on April 8, 2020. The opinion does not explain the underlying claims or the specific reason for the statutory dismissal.
The detailed version
- Quinn v. Department of Justice · No. 0:20-cv-00563
- Eric Tostrud
- Apr. 8, 2020
Background
The court received a March 18, 2020 report and recommendation from United States Magistrate Judge Elizabeth Cowan Wright. The opinion states that no party objected to the recommendation.
Review of the Recommendation
Because there were no objections, the court reviewed the report and recommendation for clear error, meaning an obvious mistake. The court found no clear error and accepted the recommendation.
Rulings
The court ordered that the action be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). A dismissal without prejudice does not bar refiling based solely on that dismissal. The court also denied Andrew Quinn’s application to proceed in district court without prepaying fees or costs.
The opinion does not describe the claims in detail or explain the specific basis for the dismissal beyond citing § 1915(e)(2)(B)(ii). Judge Eric C. Tostrud signed the order and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.