Braun v. State of Minnesota
- Eric Tostrud
- 0:22-cv-00528
- U.S. District Court · District of Minnesota
- 2
In Braun v. State of Minnesota, Judge Tostrud accepted a recommendation and dismissed several defendants and claims without prejudice under the prisoner-screening statute.
Braun’s claims concerning the prison transfer, alleged assault, and litigation deadlines were dismissed without prejudice. The State of Minnesota, County of Washington, City of Bayport, Minnesota Department of Corrections, Paul Schnell, Guy Bosch, and MCF-STW were dismissed without prejudice from the action.
What happened
Nathan Christopher Braun sued the State of Minnesota and other government entities and officials. Magistrate Judge Dulce J. Foster recommended dismissing certain defendants and claims under the federal prisoner-screening statute, and no party objected.
The court found no clear error and accepted the recommendation. It dismissed the State of Minnesota, County of Washington, City of Bayport, Minnesota Department of Corrections, Paul Schnell, Guy Bosch, and MCF-STW without prejudice. It also dismissed without prejudice Braun’s claims concerning his transfer to another prison, an alleged assault there, and the alleged effect of the transfer on deadlines in other lawsuits.
Judge Eric C. Tostrud entered the order on October 24, 2022.
The detailed version
- Braun v. State of Minnesota · No. 0:22-cv-00528
- Eric Tostrud
- Oct. 24, 2022
Background
Nathan Christopher Braun brought this action against the State of Minnesota, County of Washington, City of Bayport, Minnesota Department of Corrections, Paul Schnell, Guy Bosch, Victor Wanchena, CPD Huppert, L. McCoy, and MCF-STW. The opinion identifies the defendants’ capacities in the caption but does not describe the complaint’s broader legal theories.
Magistrate Judge Dulce J. Foster issued a Report and Recommendation on September 22, 2022. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error.
Ruling
Judge Tostrud found no clear error and accepted the Report and Recommendation. Under 28 U.S.C. § 1915A, which provides for screening of certain prisoner lawsuits, the court dismissed without prejudice the State of Minnesota, County of Washington, City of Bayport, Minnesota Department of Corrections, Paul Schnell, Guy Bosch, and MCF-STW from the action.
The court also dismissed without prejudice Braun’s claims concerning his transfer to another prison facility, an alleged assault at that facility, and the alleged effect of the transfer on his ability to meet deadlines in other lawsuits. The order did not state a disposition for the claims against the other named defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.