Emmerich v. Richardson
- Eric Tostrud
- 0:16-cv-00795
- U.S. District Court · District of Minnesota
- 2
In Emmerich v. Richardson, Judge Tostrud dismissed the case without prejudice, denied permission to proceed without fees, and declined a certificate of appealability.
Robert M. Emmerich’s case was dismissed without prejudice, his request to proceed without paying the filing fee was denied, and no certificate of appealability was issued. The respondents were affected by the dismissal of the case.
What happened
Emmerich v. Richardson involved Robert M. Emmerich and three respondents. Magistrate Judge Elizabeth Cowan Wright issued a recommended decision, and no party objected to it.
The district court reviewed the recommendation for clear error and found none. It accepted the recommendation and dismissed the case without prejudice because Emmerich had not pursued it or, alternatively, because the case was moot.
Judge Tostrud also denied Emmerich’s request to proceed without paying filing fees and ordered that no certificate of appealability be issued. The order does not describe the underlying claims or decide them on their merits.
The detailed version
- Emmerich v. Richardson · No. 0:16-cv-00795
- Eric Tostrud
- Dec. 14, 2022
Background
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on November 16, 2022. The opinion states that no party objected to the recommendation.
Court’s analysis
Because there were no objections, the district court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error. The opinion does not describe the underlying claims or reach their merits.
Ruling
Judge Eric C. Tostrud ordered that:
- The Report and Recommendation was accepted.
- The case was dismissed without prejudice for failure to prosecute or, alternatively, because it was moot.
- Robert M. Emmerich’s motion for leave to proceed in forma pauperis—that is, to proceed without paying the filing fee—was denied.
- No certificate of appealability was issued.
The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.