Sims v. Jahnke
- Katherine Menendez
- 0:21-cv-02527
- U.S. District Court · District of Minnesota
- 2
In Sims v. Jahnke, Judge Menendez dismissed the action without prejudice and denied Sims’s request to proceed without paying filing fees.
Dustin R. Sims, whose action was dismissed without prejudice and whose application to proceed without paying filing fees was denied; the listed defendants were affected by the dismissal.
What happened
Dustin R. Sims brought this action against Dan Jahnke and the other listed defendants. The district court considered a magistrate judge’s report and recommendation after no one filed objections.
The court dismissed the action without prejudice under 28 U.S.C. § 1915A(b). It also denied Sims’s application to proceed without paying filing fees. The order does not explain the underlying reasons for the recommended dismissal.
Judge Katherine M. Menendez reviewed the record for clear error, found no error, and ordered judgment to be entered.
The detailed version
- Sims v. Jahnke · No. 0:21-cv-02527
- Katherine Menendez
- Apr. 12, 2022
Background
The order concerns Dustin R. Sims’s action against Dan Jahnke, identified in the caption as a Douglas County Sheriff Deputy, and Amy Anderson, Cindy Kuhnau, an Unknown Sgt., Deputy Tanner, and Deputy Nichole. The court considered a Report and Recommendation issued by United States Magistrate Judge Becky R. Thorson on February 24, 2022. No objections were filed within the permitted time.
Court’s Review
Because no objections were filed, the court reviewed the Report and Recommendation for clear error rather than conducting a new review of specific disputed issues. The court stated that its review of the Report and Recommendation and the record showed no error, clear or otherwise. The order does not state the underlying reasons for the recommended dismissal.
Ruling
The court ordered that the action be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915A(b). It separately DENIED Sims’s application to proceed in forma pauperis, meaning to proceed without paying the required filing fees. The court also directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.