Kirchner v. F.B.I., The
- Wilhelmina Wright
- 0:21-cv-00247
- U.S. District Court · District of Minnesota
- 2
In Kirchner v. F.B.I., Judge Wright overruled objections, adopted the recommendation, dismissed the matter without prejudice for lack of jurisdiction, and denied the fee application as moot.
Steven M. Kirchner’s case was dismissed without prejudice for lack of subject-matter jurisdiction, and his application to proceed without prepaying fees or costs was denied as moot. The F.B.I. and the other defendants were affected by the dismissal.
What happened
Steven M. Kirchner sued The F.B.I. and other defendants. He represented himself and sent letters objecting to a magistrate judge’s recommendation.
The court found that the letters did not show a legal or factual error. It overruled Kirchner’s objections, adopted the recommendation, and dismissed the matter without prejudice because the court lacked authority to hear it. The court also denied Kirchner’s application to proceed without prepaying fees or costs as moot.
Judge Wilhelmina M. Wright issued the order on April 12, 2021.
The detailed version
- Kirchner v. F.B.I., The · No. 0:21-cv-00247
- Wilhelmina Wright
- Apr. 12, 2021
Background
The court considered a February 26, 2021 report and recommendation from United States Magistrate Judge Leo I. Brisbois. Steven M. Kirchner submitted letters during the objection period. Because Kirchner was representing himself, the court interpreted the letters broadly as objections to the recommendation.
Court’s analysis
The court reviewed the objections and concluded that they did not identify a legal or factual error warranting rejection of the recommendation. The court also reviewed the recommendation itself and found that it was neither clearly erroneous nor contrary to law. The opinion does not explain the underlying claims or provide further details about why subject-matter jurisdiction was lacking.
Ruling
The court overruled Kirchner’s objections and adopted the February 26, 2021 report and recommendation. It dismissed the matter without prejudice for lack of subject-matter jurisdiction. It also denied Kirchner’s application to proceed in district court without prepaying fees or costs as moot. Judge Wilhelmina M. Wright directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.