Simmons v. Clerk of Appellate Courts
- Eric Tostrud
- 0:21-cv-00695
- U.S. District Court · District of Minnesota
- 1
In Simmons v. Clerk of Appellate Courts, Judge Tostrud dismissed the action without prejudice and denied Simmons’s request to proceed without paying filing fees as moot.
Scott Lawrence Simmons’s action was dismissed without prejudice, and his application to proceed without paying filing fees was denied as moot. The order does not describe any merits ruling on his claims.
What happened
In Simmons v. Clerk of Appellate Courts and Dakota County District Court, Scott Lawrence Simmons brought this action against the listed defendants. The opinion does not describe the claims.
Magistrate Judge Katherine M. Menendez issued a recommended decision on March 22, 2021. No party objected, so the court reviewed it for an obvious mistake and found none.
Judge Eric C. Tostrud accepted the recommendation, dismissed the action without prejudice under federal law, and denied Simmons’s request to proceed without paying filing fees as moot.
The detailed version
- Simmons v. Clerk of Appellate Courts · No. 0:21-cv-00695
- Eric Tostrud
- May 10, 2021
Background
Scott Lawrence Simmons was the plaintiff, and the Clerk of Appellate Courts and Dakota County District Court were the defendants. The opinion does not describe the claims or the underlying events.
Recommendation and Review
Magistrate Judge Katherine M. Menendez issued a Report and Recommendation on March 22, 2021. No party objected. Under Federal Rule of Civil Procedure 72(b), Judge Eric C. Tostrud therefore reviewed the recommendation for clear error, meaning an obvious mistake. He found no clear error.
Ruling
The court accepted the Report and Recommendation and dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B). The order does not state the specific reason for the statutory dismissal. The court also denied Simmons’s application to proceed without paying filing fees as moot. Judgment was ordered to be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.