Canada v. Schnell
- Wilhelmina Wright
- 0:21-cv-02389
- U.S. District Court · District of Minnesota
- 2
In Canada v. Schnell, Judge Wright dismissed Shawn Canada’s case without prejudice for failing to follow a court order and denied two motions as moot.
Shawn Canada’s case was dismissed without prejudice. His application to proceed without paying filing fees and his jury-trial motion were denied as moot; the opinion does not state any further effect on the defendants.
What happened
In Canada v. Schnell, Shawn Canada sued Paul Schnell and five other defendants. The court reviewed a magistrate judge’s recommendation because no party objected and found no clear error.
The court adopted the recommendation and dismissed the case without prejudice because Canada failed to comply with a November 23, 2021 court order. It denied Canada’s application to proceed without paying filing fees and his jury-trial motion as moot.
Judge Wilhelmina M. Wright entered the order on April 21, 2022, and directed that judgment be entered.
The detailed version
- Canada v. Schnell · No. 0:21-cv-02389
- Wilhelmina Wright
- Apr. 21, 2022
Background
Shawn Canada brought this case against Paul Schnell, Chad Mitch, Kristie Lang, Alex Bunger, Robyn Wood, and Mathias Antony. The matter came before Judge Wilhelmina M. Wright on a January 7, 2022 Report and Recommendation from United States Magistrate Judge Hildy Bowbeer. No objection was filed, so the court reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
The court found no clear error and adopted the Report and Recommendation. It dismissed the matter without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure because Canada failed to comply with the court’s November 23, 2021 order. A dismissal without prejudice does not, by its terms, bar refiling.
The court also denied as moot Canada’s application to proceed without paying filing fees and his motion for a jury trial. The court ordered that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.