Lokken v. Hibbing Police Department
- Jerry Blackwell
- 0:23-cv-02537
- U.S. District Court · District of Minnesota
- 2
In Lokken v. Hibbing Police Department, Judge Blackwell accepted the recommendation, dismissed the complaint without prejudice, and denied two requests as moot.
Shawn Duane Lokken, the Hibbing Police Department, and the institution authorities responsible for receiving notice of Lokken’s unpaid statutory filing fee.
What happened
In Lokken v. Hibbing Police Department, the court reviewed a magistrate judge’s recommendation after no timely objections were filed. The court found no clear error.
The court dismissed Shawn Duane Lokken’s complaint without prejudice for failure to state a claim. It also denied his application to proceed without paying the full filing fee and his request for subpoenas as moot.
Judge Jerry W. Blackwell ordered Lokken to pay the unpaid balance of the statutory filing fee under the required payment procedure and directed the Clerk of Court to notify the authorities at the institution where he is confined.
The detailed version
- Lokken v. Hibbing Police Department · No. 0:23-cv-02537
- Jerry W. Blackwell
- Nov. 14, 2023
Background
Shawn Duane Lokken filed a complaint against the Hibbing Police Department and applied to proceed without paying the full filing fee. He also submitted a letter requesting subpoenas. United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 13, 2023.
Court’s review
No party filed a timely objection to the Report and Recommendation. Under the applicable procedure, the court therefore reviewed it for clear error. Judge Jerry W. Blackwell stated that he found no clear error.
Rulings
The court accepted the Report and Recommendation. It dismissed Lokken’s complaint without prejudice for failure to state a claim. The opinion does not provide the Report and Recommendation’s underlying explanation of why the complaint failed to state a claim.
The court denied Lokken’s application to proceed without paying the full filing fee as moot. It also denied his letter request for subpoenas as moot. The court required Lokken to pay the unpaid balance of the action’s statutory filing fee under the payment procedure in 28 U.S.C. § 1915(b)(2), and directed the Clerk of Court to notify the authorities at the institution where he is confined.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.