Holmes v. Newkirk
- Jerry Blackwell
- 0:22-cv-02985
- U.S. District Court · District of Minnesota
- 2
In Holmes v. Newkirk, Judge Blackwell accepted the magistrate judge’s recommendation and denied defendants’ motion to dismiss.
Stephen Nicholas Holmes and the six named defendants, whose motion to dismiss was denied.
What happened
In Holmes v. Newkirk, Stephen Nicholas Holmes, representing himself, sued six Ramsey County corrections officers individually. The opinion does not describe the claims.
The defendants asked the court to dismiss the lawsuit. Magistrate Judge Dulce J. Foster recommended action on the motion in a report issued November 27, 2023, and no party filed a timely objection.
Judge Jerry W. Blackwell reviewed the recommendation for clear error, found none, accepted it, and denied the defendants’ motion to dismiss.
The detailed version
- Holmes v. Newkirk · No. 0:22-cv-02985
- Jerry W. Blackwell
- Jan. 9, 2024
Background
Stephen Nicholas Holmes sued Reed Newkirk, Armando Luna, Scott Brommerich, Zachary Rasmussen, Shaun M. Delrosario, and Ahmed Mohamed, identifying each as a Ramsey County corrections officer sued individually. Holmes represented himself. The opinion does not state the legal claims or the events underlying the lawsuit.
Procedural History
The defendants filed a motion to dismiss. United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation on November 27, 2023. No objections were filed within the permitted time. Without timely objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
Judge Jerry W. Blackwell found no clear error in the Report and Recommendation and accepted it. The court denied the defendants’ motion to dismiss. The opinion does not explain the underlying claims or address their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.