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D. Minn.Procedural orderFiled Mar. 2, 2022

Kalichenko v. Barnes

Judge
Wilhelmina Wright
Docket
0:20-cv-01646
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedureMotion to DismissPreliminary Injunction
In one sentence

In Kalichenko v. Barnes, Judge Wright granted defendants’ motion, denied a temporary restraining order as moot, and dismissed the amended complaint without prejudice.

Who this affects

Olena Kalichenko’s amended complaint was dismissed without prejudice. The defendants’ motion to dismiss or, alternatively, for summary judgment was granted, and Kalichenko’s request for a temporary restraining order was denied as moot.

What happened

In Kalichenko v. Barnes, the court reviewed a magistrate judge’s report and recommendation because no party filed objections. The court reviewed it for clear error and found none.

The court adopted the report and recommendation and granted the defendants’ motion to dismiss or, alternatively, for summary judgment. It denied Kalichenko’s request for a temporary restraining order as moot.

The court dismissed Kalichenko’s amended complaint without prejudice and directed that judgment be entered. The order was issued by Judge Wilhelmina M. Wright.

The detailed version

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

Case
Kalichenko v. Barnes · No. 0:20-cv-01646
Judge
Wilhelmina Wright
Date
Mar. 2, 2022

Background

The court considered a December 7, 2021 report and recommendation issued by United States Magistrate Judge Becky R. Thorson. No objections were filed.

Court’s Review

Because no timely objections were filed, the court reviewed the report and recommendation for clear error under Federal Rule of Civil Procedure 72(b). After reviewing it, the court found no clear error.

Rulings

The court adopted the report and recommendation. It granted the defendants’ motion to dismiss or, alternatively, for summary judgment. The court also denied Kalichenko’s request for a temporary restraining order as moot.

The court dismissed Kalichenko’s amended complaint without prejudice and directed that judgment be entered. The order does not explain whether the dismissal was based on the motion to dismiss or the alternative request for summary judgment.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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