Rodgers v. U.S. Navy
- Eric Tostrud
- 0:20-cv-00306
- U.S. District Court · District of Minnesota
- 1
In Herman Westly Rodgers, Jr. v. U.S. Navy, Judge Tostrud dismissed the action without prejudice for lack of subject-matter jurisdiction and denied the fee-waiver request as moot.
Herman Westly Rodgers, Jr.; the action against the U.S. Navy was dismissed without prejudice, and his application to proceed without paying the filing fee was denied as moot.
What happened
Herman Westly Rodgers, Jr. sued the U.S. Navy. A magistrate judge recommended dismissing the action, and no party objected to that recommendation.
The court reviewed the recommendation for clear error, meaning an obvious mistake. It found no clear error in the record before it.
Judge Eric C. Tostrud accepted the recommendation, dismissed the action without prejudice for lack of subject-matter jurisdiction, and denied Rodgers’s application to proceed without paying filing fees as moot.
The detailed version
- Rodgers v. U.S. Navy · No. 0:20-cv-00306
- Eric Tostrud
- Oct. 2, 2020
Background
Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 14, 2020. The opinion does not describe the underlying claims in detail. No party objected to the recommendation.
Court’s Analysis
Because no party objected, the court reviewed the Report and Recommendation for clear error, meaning an obvious mistake in the recommendation. The court found no clear error based on the files, records, and proceedings in the case.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed the action without prejudice for lack of subject-matter jurisdiction, meaning the court lacked the legal power to decide the case. The court also denied Rodgers’s application to proceed in forma pauperis—without paying the filing fee—as moot. The order directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.