Catlin v. Heck
- Eric Tostrud
- 0:21-cv-00728
- U.S. District Court · District of Minnesota
- 2
Catlin v. Heck: Judge Tostrud dismissed the action without prejudice, denied counsel without prejudice, and denied the fee application as moot.
Zachary James Catlin’s action was dismissed without prejudice; his request for appointed counsel was denied without prejudice, and his fee-waiver application was denied as moot. The named defendants were not required to litigate the action further in this order.
What happened
In Catlin v. Heck, the court reviewed a magistrate judge’s recommendation concerning Zachary James Catlin’s action against several law-enforcement defendants. The opinion does not describe the claims or the recommendation’s reasoning.
No party objected to the recommendation, so the court reviewed it for clear error. The court found no clear error and accepted the recommendation.
Judge Eric C. Tostrud dismissed the action without prejudice under a federal prisoner-litigation screening statute, denied Catlin’s motion to appoint counsel without prejudice, and denied his application to proceed without prepaying fees as moot.
The detailed version
- Catlin v. Heck · No. 0:21-cv-00728
- Eric Tostrud
- June 9, 2021
Background
Zachary James Catlin brought this action against Eric Heck and several other law-enforcement defendants. The opinion does not state the claims asserted or explain the basis of the magistrate judge’s recommendation.
Magistrate Judge Katherine Menendez issued a Report and Recommendation on April 29, 2021. No party objected to it.
Court’s Review
Because there were no objections, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error based on the case file, records, and proceedings.
Rulings
The court accepted the Report and Recommendation. It dismissed the action without prejudice under 28 U.S.C. § 1915A. It also denied Catlin’s motion to appoint counsel without prejudice. Finally, it denied Catlin’s application to proceed in district court without prepaying fees as moot. The court directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.