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D. Minn.Procedural orderFiled Apr. 8, 2021

Walton v. Blue Earth County

Judge
Eric Tostrud
Docket
0:20-cv-00165
Court
U.S. District Court · District of Minnesota
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

Walton v. Blue Earth County: Judge Tostrud accepted the recommendation, granted dismissal, and dismissed Walton’s complaint with prejudice.

Who this affects

Tierre Theo Walton’s case was ended; Blue Earth County and Bradley Peterson obtained dismissal of the complaint.

What happened

In Walton v. Blue Earth County, Magistrate Judge Katherine M. Menendez recommended dismissing Tierre Theo Walton’s complaint against Blue Earth County and Bradley Peterson. No party objected to the recommendation.

The court reviewed the recommendation for clear error and found none. It accepted the recommendation and granted the defendants’ motion to dismiss.

Judge Eric C. Tostrud ordered that the complaint be dismissed with prejudice, meaning the case was ended and the complaint could not be refiled. The court also directed that judgment be entered.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Walton v. Blue Earth County · No. 0:20-cv-00165
Judge
Eric Tostrud
Date
Apr. 8, 2021

Background

Tierre Theo Walton sued Blue Earth County and Bradley Peterson, identified in the caption as the sheriff of Blue Earth County. The opinion does not describe the underlying allegations or the legal grounds for the defendants’ motion to dismiss.

Report and Recommendation

Magistrate Judge Katherine M. Menendez issued a Report and Recommendation on March 1, 2021. No party objected. Because there were no objections, the court reviewed the recommendation for clear error, meaning an obvious mistake in the recommendation.

Ruling

The court found no clear error and accepted the Report and Recommendation. It granted the defendants’ motion to dismiss. It also dismissed the complaint with prejudice and directed that judgment be entered accordingly.

Effect

The order ended the case in the district court. Because the complaint was dismissed with prejudice, the dismissal bars refiling that complaint. The opinion does not state the specific basis for dismissal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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