Mays v. Sherburne County Jail
- Paul Magnuson
- 0:20-cv-00506
- U.S. District Court · District of Minnesota
- 2
In Mays v. Sherburne County Jail, Judge Magnuson adopted the recommendation and denied Mays’s first request for a temporary restraining order.
Otis Mays’s first request for a temporary restraining order was denied; the order does not state a disposition for his second request.
What happened
In Mays v. Sherburne County Jail, Magistrate Judge Katherine M. Menendez recommended denying Otis Mays’s first motion for a temporary restraining order. Mays did not object to that recommendation before the deadline.
The court reviewed the recommendation for clear error because no objection was filed. It found no error in the magistrate judge’s reasoning. The opinion also notes that Mays filed a second request raising different claims, but this order rules only on the first request.
Judge Paul A. Magnuson adopted the recommendation and denied Mays’s first motion for a temporary restraining order. The order does not state a disposition for the second motion.
The detailed version
- Mays v. Sherburne County Jail · No. 0:20-cv-00506
- Paul Magnuson
- Oct. 27, 2021
Background
Otis Mays sued Sherburne County Jail and the other named defendants. The court considered a Report and Recommendation from United States Magistrate Judge Katherine M. Menendez, dated September 30, 2021. The recommendation addressed Mays’s first motion for a temporary restraining order, which asks the court for immediate temporary relief.
On October 20, 2021, Mays filed a second motion for a temporary restraining order that raised claims different from those in his first motion. The order does not decide that second motion. Mays did not object to the magistrate judge’s recommendation, and the deadline for doing so had passed.
Court’s Review
When a party makes specific objections to a magistrate judge’s recommendation, the district court reviews the challenged portions from the beginning. Without objections, the court reviews the recommendation only for clear error, meaning an obvious mistake. The court reviewed the recommendation and found no error, clear or otherwise, in the magistrate judge’s reasoning.
Ruling
Judge Paul A. Magnuson adopted the Report and Recommendation and denied Mays’s first motion for a temporary restraining order. The order does not state a disposition for Mays’s second motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.