Xayamonty v. Thomas
- Wilhelmina Wright
- 0:23-cv-00726
- U.S. District Court · District of Minnesota
- 1
In Xayamonty v. Thomas, Judge Wright adopted the report, dismissed the matter without prejudice, and denied the fee-waiver application as moot.
Khamsay Xayamonty’s matter was dismissed without prejudice. The listed respondents were Warden Thomas, Mr. Vanhover, BOP, and FCI Sandstone. Xayamonty’s application to proceed without prepaying fees or costs was denied as moot.
What happened
In Xayamonty v. Thomas, the court reviewed a magistrate judge’s report and recommendation concerning Khamsay Xayamonty’s matter against the listed respondents.
Because no objections were filed, the court reviewed the recommendation for clear error and found none. It adopted the recommendation and dismissed the matter without prejudice.
Judge Wilhelmina M. Wright also denied Xayamonty’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Xayamonty v. Thomas · No. 0:23-cv-00726
- Wilhelmina Wright
- July 28, 2023
Background
The court considered the May 12, 2023 report and recommendation issued by United States Magistrate Judge John F. Docherty. The opinion does not state the underlying reason for the recommended dismissal.
Review of the Recommendation
No party filed objections to the report and recommendation. The court therefore reviewed it for “clear error,” meaning an obvious mistake in the recommendation. After reviewing the report and the case materials, the court found no clear error.
Ruling
The court adopted the report and recommendation. It dismissed the matter without prejudice, meaning the order did not state that refiling was barred. The court also denied Khamsay Xayamonty’s application to proceed in district court without prepaying fees or costs as moot, meaning the court found that application no longer required a decision. The court directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.