Johnson v. MCF - Moose Lake
- Wilhelmina Wright
- 0:22-cv-01915
- U.S. District Court · District of Minnesota
- 2
In Johnson v. MCF–Moose Lake, Judge Wright dismissed the complaint without prejudice for failure to prosecute, denied fee-free status, and denied letter requests as moot.
Eugene Laron Johnson’s complaint was dismissed without prejudice, his application to proceed without paying filing fees was denied, and his letter requests were denied as moot. The order affected the claims against MCF – Moose Lake, Officer J. Mendez, and Andy Turnboom by ending this case at this stage.
What happened
In Johnson v. MCF–Moose Lake, the court considered a magistrate judge’s recommendation concerning Eugene Laron Johnson’s complaint against MCF–Moose Lake, Officer J. Mendez, and Andy Turnboom.
No one objected to the recommendation. The court therefore reviewed it for clear error and found none. The opinion does not explain the conduct underlying the failure-to-prosecute finding.
Judge Wilhelmina M. Wright adopted the recommendation, dismissed Johnson’s complaint without prejudice for failure to prosecute, denied his application to proceed without paying filing fees, and denied his letter requests as moot.
The detailed version
- Johnson v. MCF - Moose Lake · No. 0:22-cv-01915
- Wilhelmina Wright
- Jan. 9, 2023
Background
The court considered an October 12, 2022 report and recommendation from United States Magistrate Judge Becky R. Thorson. The opinion states that, after that recommendation issued, the case was reassigned to United States Magistrate Judge Leo I. Brisbois. The recommendation addressed Johnson’s complaint, his application to proceed without paying filing fees, and letter requests filed at Docket Numbers 2, 6, 7, and 9.
Review of the Recommendation
No objections to the recommendation were filed. When no timely objections are made, the district court reviews the recommendation for clear error, meaning an obvious mistake. After reviewing the recommendation and the case record, the court found no clear error.
Ruling
Judge Wilhelmina M. Wright adopted the October 12, 2022 report and recommendation. The court dismissed Johnson’s complaint without prejudice for failure to prosecute, meaning the dismissal did not bar refiling based on the order’s stated terms. The court also denied Johnson’s application to proceed without paying filing fees and denied his letter requests as moot. The opinion does not provide further details about the basis for the failure-to-prosecute dismissal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.