Mays v. Sherburne County
- Wilhelmina Wright
- 0:21-cv-02382
- U.S. District Court · District of Minnesota
- 2
In Mays v. Sherburne County, Judge Wright adopted an unchallenged recommendation, dismissed the action without prejudice, and denied two requests as moot.
Otis Mays and the named defendants; the action was dismissed without prejudice, and Mays’s application and motion were denied as moot.
What happened
In Mays v. Sherburne County, the court reviewed a magistrate judge’s recommendation after no party filed objections.
Because there were no objections, the court looked for clear error and found none. It adopted the December 7, 2021 recommendation, but this order does not state the recommendation’s reasoning.
Judge Wright dismissed the action without prejudice. She also denied Otis Mays’s application to proceed without paying filing fees and his motion to preserve jail recordings as moot.
The detailed version
- Mays v. Sherburne County · No. 0:21-cv-02382
- Wilhelmina Wright
- Mar. 2, 2022
Background
The court considered a December 7, 2021 report and recommendation from United States Magistrate Judge Elizabeth Cowan Wright. The opinion states that no objections were filed.
Court’s Review
Under Federal Rule of Civil Procedure 72(b), the court reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s decision. The court found no clear error and adopted the report and recommendation. The opinion does not explain the recommendation’s underlying reasoning.
Ruling
Judge Wilhelmina M. Wright ordered that the action be dismissed without prejudice. The court also denied Otis Mays’s application to proceed without paying filing fees as moot and denied his motion to preserve jail recordings as moot. The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.