Pyron v. Murphy
- Eric Tostrud
- 0:20-cv-01017
- U.S. District Court · District of Minnesota
- 2
In Pyron v. Murphy, Judge Tostrud overruled objections, accepted the recommendation, dismissed the case with prejudice, and denied Pyron’s fee-waiver application.
Allen L. Pyron’s case was dismissed with prejudice, and his application to proceed without prepaying fees or costs was denied. The defendants were no longer required to litigate the dismissed case.
What happened
In Pyron v. Murphy, Allen L. Pyron filed a complaint without a lawyer and asked to proceed without paying court fees. The opinion does not describe the complaint’s claims in detail.
A magistrate judge recommended dismissing the complaint with prejudice for failing to state a claim and denying Pyron’s fee request. Pyron objected, but his objections did not address the reasons for that recommendation.
Judge Tostrud reviewed the recommendation and objections, overruled the objections, accepted the recommendation in full, dismissed the case with prejudice, and denied the application to proceed without prepaying fees or costs.
The detailed version
- Pyron v. Murphy · No. 0:20-cv-01017
- Eric Tostrud
- June 10, 2020
Background
Allen L. Pyron filed this action without a lawyer against Thane Murphy, Tina Joseph, Emily Johnson, and Tony Vittorio, who were sued in both their individual and official capacities. Pyron also applied to proceed without prepaying court fees or costs.
The case came before District Judge Eric C. Tostrud on Magistrate Judge Katherine M. Menendez’s report and recommendation. Under the federal statute governing fee-waiver cases, the magistrate judge recommended dismissing Pyron’s complaint with prejudice for failure to state a claim on which relief could be granted and denying his application to proceed without prepaying fees or costs.
Objections and Review
Pyron filed objections to the recommendation. The court stated that the objections did not respond to or call into question the recommendation’s bases. Because objections had been filed, Judge Tostrud reviewed the recommendation independently, rather than merely checking for obvious error. He concluded that Magistrate Judge Menendez’s analysis and conclusions were correct.
Ruling
The court overruled Pyron’s objections, accepted the report and recommendation in full, dismissed the matter with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), and denied Pyron’s application to proceed in district court without prepaying fees or costs. The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.