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D. Minn.Procedural orderFiled Jan. 2, 2024

Hines v. State of Minnesota

Judge
Eric Tostrud
Docket
0:23-cv-02692
Court
U.S. District Court · District of Minnesota
Pages
2
Civil Procedure
In one sentence

In Hines v. State of Minnesota, Judge Tostrud dismissed the action without prejudice for failure to prosecute and denied Hines’s fee-waiver application as moot.

Who this affects

The dismissal ended Frederick Dewayne Hines’s action at this stage, but the dismissal was without prejudice. His application to proceed without prepaying fees or costs was denied as moot. The listed defendants were affected by the termination of this action.

What happened

In Hines v. State of Minnesota, Frederick Dewayne Hines sued the State of Minnesota and numerous other defendants. The opinion does not describe the underlying claims.

A magistrate judge recommended dismissal. No party objected, so the court reviewed the recommendation for clear error and found none.

Judge Eric C. Tostrud accepted the recommendation, dismissed the action without prejudice for failure to prosecute, and denied Hines’s application to proceed without prepaying fees or costs as moot.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hines v. State of Minnesota · No. 0:23-cv-02692
Judge
Eric Tostrud
Date
Jan. 2, 2024

Background

Frederick Dewayne Hines brought this action against the State of Minnesota and numerous other listed defendants. The opinion does not explain the claims or the events underlying the lawsuit.

Report and Recommendation

Magistrate Judge Dulce J. Foster issued a Report and Recommendation on November 30, 2023. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error. The court found no clear error based on the case record.

Ruling

Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also denied Hines’s application to proceed in district court without prepaying fees or costs as moot. The order directed that judgment be entered.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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