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D. Minn.Procedural orderFiled Mar. 21, 2022

Cavan v. United States of America

Judge
Katherine Menendez
Docket
0:20-cv-01072
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Cavan v. United States of America, Judge Menendez granted defendants’ motion to dismiss and dismissed the amended complaint without prejudice after finding no clear error.

Who this affects

The plaintiff’s amended complaint was dismissed without prejudice, and the defendants’ motion to dismiss was granted.

What happened

In Cavan v. United States of America, the court reviewed a magistrate judge’s report and recommendation because no party filed objections. Without objections, the court reviewed the recommendation for clear error.

The court found no error, clear or otherwise, and granted the defendants’ motion to dismiss. It dismissed the plaintiff’s amended complaint without prejudice.

Judge Katherine M. Menendez entered the order on March 21, 2022, and directed that judgment be entered. The order does not explain the underlying reasons for the recommended dismissal.

The detailed version

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

Case
Cavan v. United States of America · No. 0:20-cv-01072
Judge
Katherine Menendez
Date
Mar. 21, 2022

Background

The order concerns a Report and Recommendation issued by United States Magistrate Judge Leo Brisbois on January 31, 2022. No objections were filed within the permitted time.

Court’s analysis

When no specific objections are filed, the court reviews a magistrate judge’s recommendation for clear error. The court stated that, after reviewing the recommendation and the record, it found no error, clear or otherwise. The order does not describe the underlying claims or the reasons supporting dismissal.

Ruling

The court granted the defendants’ Motion to Dismiss. It dismissed the plaintiff’s Amended Complaint without prejudice and directed that judgment be entered. The order is an adoption of the Report and Recommendation and does not state additional grounds for the dismissal.

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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