Killion v. Shakopee, Women Prison

Background

Magistrate Judge John F. Docherty issued a Report and Recommendation on January 6, 2023. No party objected. The district court therefore reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b).

Rulings

The court found no clear error and accepted the Report and Recommendation. It ordered that:

- The federal-law claims be dismissed without prejudice under 28 U.S.C. § 1915A(b), the statute requiring screening of certain claims brought by people confined in institutions. - The state-law claims be dismissed without prejudice for lack of jurisdiction, meaning the court concluded it could not hear those claims. - Killion’s application to proceed without paying court fees or costs be denied. - Killion’s motion for relief be denied. - Killion pay the unpaid $267 balance of the statutory filing fee through the process required by 28 U.S.C. § 1915(b)(2).

The clerk was directed to notify the authorities at the institution where Killion is confined about the fee-payment requirement. The opinion does not describe the specific claims or explain the requested relief in detail.

Disposition

Judge Eric C. Tostrud dismissed the federal-law claims without prejudice, dismissed the state-law claims without prejudice for lack of jurisdiction, denied the fee application, denied the motion for relief, and ordered payment of the remaining filing fee. Because the dismissals were without prejudice, the order itself does not bar refiling those claims, subject to any other applicable legal requirements.