Henny v. Starr
- Wilhelmina Wright
- 0:22-cv-01996
- U.S. District Court · District of Minnesota
- 2
In Henny v. Starr, Judge Wright adopted the recommendation, dismissed Henny’s complaint without prejudice, and denied her fee-waiver request as moot.
Kimberly Ann Henny’s complaint and motion to proceed without paying filing fees were affected. The defendants were Mistelle Starr, McIntosh, and Andre Mousetavian, as identified in the caption.
What happened
In Henny v. Starr, the court reviewed a magistrate judge’s recommendation because no party filed objections. The opinion says the court found no clear error.
The court adopted the recommendation and dismissed Kimberly Ann Henny’s complaint without prejudice, meaning the order did not bar refiling. The opinion does not state the recommendation’s underlying reasons.
Judge Wright also denied Henny’s request to proceed without paying filing fees as moot, meaning the court considered that request no longer requiring a ruling. Judgment was ordered entered.
The detailed version
- Henny v. Starr · No. 0:22-cv-01996
- Wilhelmina Wright
- Jan. 10, 2023
Background
Kimberly Ann Henny sued Mistelle Starr, identified as the warden of FCI Waseca; McIntosh, identified as an associate warden of FCI Waseca; and Andre Mousetavian, identified as a regional director for the Federal Bureau of Prisons. The opinion addresses a November 8, 2022 report and recommendation issued by United States Magistrate Judge John Docherty.
Court’s Review
No objections to the report and recommendation were filed. The court therefore reviewed it for clear error, meaning an obvious mistake. After reviewing the recommendation and the case materials, the court found no clear error. The opinion provided does not include the recommendation’s underlying analysis or explain the basis for dismissing the complaint.
Ruling
The court adopted the November 8, 2022 report and recommendation. It dismissed Henny’s complaint without prejudice. It also denied Henny’s motion to proceed without paying filing fees as moot, meaning the court treated that request as no longer requiring a decision. The court ordered judgment entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.