Irwin v. M.S.O.P.
- Paul Magnuson
- 0:20-cv-01662
- U.S. District Court · District of Minnesota
- 2
In Jerry T. Irwin v. M.S.O.P., Judge Magnuson dismissed the complaint without prejudice and denied fee-waiver and counsel requests as moot after adopting a recommendation.
Jerry T. Irwin’s complaint was dismissed without prejudice. His application to proceed without prepaying fees or costs and his request for appointed counsel were denied as moot. M.S.O.P. was the named defendant.
What happened
In Jerry T. Irwin v. M.S.O.P., a magistrate judge recommended dismissing Irwin’s complaint without prejudice and denying his requests to proceed without prepaying fees and to have a lawyer appointed. The opinion does not state the underlying reason for recommending dismissal.
Irwin did not object to the recommendation before the deadline. Because there were no objections, the court reviewed the recommendation for clear error and found none.
Judge Paul A. Magnuson adopted the recommendation, dismissed the complaint without prejudice, and denied both the fee-waiver application and the request for appointed counsel as moot. The court directed that judgment be entered.
The detailed version
- Irwin v. M.S.O.P. · No. 0:20-cv-01662
- Paul Magnuson
- Jan. 5, 2021
Background
The matter concerned Jerry T. Irwin’s complaint against M.S.O.P. The opinion does not describe the complaint’s underlying claims or the reason the magistrate judge recommended dismissal.
Recommendation and Review
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation dated December 1, 2020. It recommended dismissing the complaint without prejudice, meaning the dismissal did not itself bar refiling, and denying as moot Irwin’s application to proceed without prepaying fees or costs and his request for appointment of counsel.
Irwin filed no objections, and the deadline for doing so had passed. Under the governing procedure, the district court reviews an unobjected-to recommendation for clear error, meaning an obvious mistake. The court reviewed the recommendation and found no error, clear or otherwise.
Ruling
Judge Paul A. Magnuson adopted the Report and Recommendation. The court dismissed the complaint without prejudice, denied as moot Irwin’s application to proceed without prepaying fees or costs, and denied as moot his motion to appoint counsel. 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.