Desjarlais v. Swanson
- Elizabeth Cowan Wright
- 0:12-cv-00349
- U.S. District Court · District of Minnesota
- 2
In Desjarlais v. Swanson, Judge Wright adopted the recommendation, dismissed Desjarlais’s complaint without prejudice, and denied two motions as moot.
Lloyd Robert Desjarlais’s complaint was dismissed without prejudice. His application to proceed without paying the district-court filing fee and his motion concerning dismissal for failure to prosecute were denied as moot. The opinion does not describe any further effect on the defendants.
What happened
In Desjarlais v. Swanson, Lloyd Robert Desjarlais sued Lori Swanson and numerous other defendants, including Cass County Social Services. The opinion does not describe the claims or the events underlying the complaint.
Magistrate Judge David T. Schultz recommended dismissing the complaint. No one filed objections, so Judge Wright reviewed the recommendation for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Desjarlais’s complaint without prejudice. She also denied as moot Desjarlais’s application to proceed without paying the filing fee and his motion asking the court not to dismiss the action for failure to prosecute.
The detailed version
- Desjarlais v. Swanson · No. 0:12-cv-00349
- Elizabeth Cowan Wright
- Jan. 10, 2023
Background
Lloyd Robert Desjarlais filed a complaint against Lori Swanson and numerous other defendants. The defendants were sued in both their individual and official capacities as employees of the State Attorney General’s Office, the Governor’s Office, and the Minnesota Department of Human Services. The opinion does not explain the claims in the complaint or the basis for the recommended dismissal.
Report and Recommendation
United States Magistrate Judge David T. Schultz issued a November 21, 2022 Report and Recommendation. No objections were filed. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error. Judge Wright reviewed the recommendation and found no clear error.
Rulings
The court adopted the November 21, 2022 Report and Recommendation. It dismissed Desjarlais’s complaint without prejudice. It denied as moot his application for leave to proceed without paying the district-court filing fee. It also denied as moot his motion titled “MOTION THAT THE COURT NOT DISMISS THE ACTION PURSUANT TO FED. R. Civ. P. 41(b) FOR FAILURE TO PROSECUTE.” The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.