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D. Minn.Procedural orderFiled June 14, 2021

Aery v. Collins

Judge
Katherine Menendez
Docket
0:20-cv-02154
Court
U.S. District Court · District of Minnesota
Pages
1
Preliminary InjunctionCivil Procedure
In one sentence

In Aery v. Collins, Judge Tostrud accepted the report and recommendation and denied Aery’s motion for an injunction.

Who this affects

James Paul Aery’s request for an injunction was denied; the order also accepted the magistrate judge’s Report and Recommendation concerning Sgt. Collins.

What happened

In Aery v. Collins, James Paul Aery asked the court for an injunction against Sgt. Collins, who was sued in his official and individual capacities.

Magistrate Judge Becky R. Thorson issued a report and recommendation. No party objected, so the court reviewed it for clear error.

Judge Eric C. Tostrud found no clear error, accepted the report and recommendation, and denied Aery’s motion for an injunction. The court ordered judgment to be entered.

The detailed version

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

Case
Aery v. Collins · No. 0:20-cv-02154
Judge
Katherine Menendez
Date
June 14, 2021

Background

James Paul Aery sued Sgt. Collins in Collins’s official and individual capacities. Aery filed a motion for an injunction. The opinion does not describe the underlying claims or the specific relief Aery sought.

Report and Recommendation

Magistrate Judge Becky R. Thorson issued a Report and Recommendation on March 3, 2021. No party objected. Under Federal Rule of Civil Procedure 72(b), the court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the recommendation.

Ruling

The court found no clear error, accepted the Report and Recommendation, and denied Aery’s Motion for Injunction. The court also ordered judgment to be entered. The opinion does not state the reasons the injunction was denied.

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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