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D. Minn.Procedural orderFiled June 23, 2022

Heggs v. Olmsted County

Judge
Wilhelmina Wright
Docket
0:21-cv-00756
Court
U.S. District Court · District of Minnesota
Pages
3
Civil ProcedureMotion to DismissPro Se
In one sentence

In Heggs v. Olmsted County, Judge Wright overruled Heggs’s objections, adopted the recommendation, granted both dismissal motions, and dismissed the complaint with prejudice.

Who this affects

Terry Heggs’s complaint was dismissed with prejudice; R.P.D., Olmsted County, and Mr. Hill prevailed on their motions to dismiss.

What happened

In Terry Heggs v. Olmsted County, Mr. Hill, and R.P.D., the defendants asked the court to dismiss Heggs’s complaint. A magistrate judge recommended granting those motions and dismissing the complaint with prejudice.

Heggs responded with two nearly identical letters. The court treated them as late objections, but found that they were not specific enough to require a fresh review of the magistrate judge’s recommendations. The court instead reviewed the recommendations for clear error and found none.

Judge Wilhelmina M. Wright overruled Heggs’s objections, adopted the recommendation in full, granted both motions to dismiss, and dismissed Heggs’s complaint with prejudice.

The detailed version

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

Case
Heggs v. Olmsted County · No. 0:21-cv-00756
Judge
Wilhelmina Wright
Date
June 23, 2022

Background

The court reviewed United States Magistrate Judge John F. Docherty’s March 24, 2022 report and recommendation. The report recommended granting the defendants’ motions to dismiss and dismissing Terry Heggs’s complaint with prejudice.

Objections and standard of review

Heggs, who was representing himself, filed two nearly identical one-paragraph letters responding to the report and recommendation. The court treated the letters as untimely objections but decided that it could consider them. Because the objections were not specific, the court reviewed the report and recommendation for clear error rather than conducting a fresh review of the disputed issues. The court construed Heggs’s objections liberally because he was representing himself.

Ruling

The court found no clear error, overruled Heggs’s objections, and adopted the report and recommendation in its entirety. It granted R.P.D.’s motion to dismiss and granted Olmsted County and Mr. Hill’s motion to dismiss. The court dismissed Heggs’s complaint with prejudice and directed that judgment be entered.

This order does not describe the underlying claims or explain the reasons for dismissal beyond adopting the report and recommendation.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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