Aery v. Beitel
- Katherine Menendez
- 0:22-cv-00114
- U.S. District Court · District of Minnesota
- 2
In Aery v. Beitel, Judge Menendez denied two emergency injunction requests after finding no clear error in the magistrate judge’s recommendation.
The order directly affects James Paul Aery’s two requests for emergency injunctive relief. The opinion does not state additional effects on the defendants.
What happened
In Aery v. Beitel, plaintiff James Paul Aery asked the court for two forms of emergency injunctive relief, including a request under Rule 65.
The magistrate judge issued a report and recommendation on August 5, 2022. No party filed objections, so the court reviewed the recommendation for clear error. The opinion excerpt does not describe the underlying dispute or the recommendation’s reasoning.
Judge Katherine M. Menendez found no error in the recommendation and denied both of Aery’s emergency-injunction motions.
The detailed version
- Aery v. Beitel · No. 0:22-cv-00114
- Katherine Menendez
- Oct. 20, 2022
Background
Plaintiff James Paul Aery filed two requests for emergency relief: an “Emergency Injunction” and an “Emergency Injunction/Restraining Order Rule 65.” The opinion excerpt does not provide the facts underlying those requests.
Review of the Recommendation
United States Magistrate Judge Tony N. Leung issued a report and recommendation dated August 5, 2022. No objections were filed within the permitted period. Because there were no objections, the district court reviewed the recommendation for clear error rather than conducting a fresh review of disputed issues.
Ruling
After reviewing the report and recommendation and the case record, Judge Katherine M. Menendez concluded that the magistrate judge committed no error, clear or otherwise. The court ordered that Aery’s “Emergency Injunction” motion, ECF No. 16, was DENIED, and that his “Emergency Injunction/Restraining Order Rule 65” motion, ECF No. 21, was DENIED.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.