Amos v. Kelly
- Jerry Blackwell
- 0:22-cv-02108
- U.S. District Court · District of Minnesota
- 2
In Amos v. Kelly, Judge Blackwell accepted recommendations, dismissed some claims and defendants, granted a pleadings motion, and denied a stay.
Howard W. Amos and the defendants were affected. Ryan Miller, Chad Conner, Peng Moua, Dirk Spee, and the City of Minneapolis were dismissed without prejudice for service-related reasons; claims against John Doe, Jane Doe, and North Memorial Medical Center were dismissed without prejudice for failure to prosecute; and Amos’s Minnesota assault-and-battery claims were dismissed with prejudice. The court also granted a motion for judgment on the pleadings, denied a motion to dismiss as moot, and denied Amos’s motion to stay.
What happened
In Amos v. Kelly, the court reviewed two magistrate judge recommendations after no party objected. The court found no clear error and accepted both recommendations.
The court dismissed Ryan Miller, Chad Conner, Peng Moua, Dirk Spee, and the City of Minneapolis without prejudice for failure to complete timely service. It dismissed all claims against John Doe, Jane Doe, and North Memorial Medical Center without prejudice for failure to prosecute. It also dismissed the Minnesota assault-and-battery claims with prejudice, denied as moot a motion to dismiss, granted a motion for judgment on the pleadings, and denied Amos’s motion to stay.
Judge Jerry W. Blackwell entered the order on February 26, 2024. The order does not separately explain in its text which claims were resolved by granting the motion for judgment on the pleadings.
The detailed version
- Amos v. Kelly · No. 0:22-cv-02108
- Jerry W. Blackwell
- Feb. 26, 2024
Background
United States Magistrate Judge Douglas L. Micko issued Report and Recommendations on October 27, 2023, and January 17, 2024. No objections were filed within the permitted time. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendations for clear error and found none.
Rulings
The court accepted both Report and Recommendations.
The court dismissed Defendant Ryan Miller from the action without prejudice because Howard W. Amos did not complete timely service under Federal Rule of Civil Procedure 4(m). “Without prejudice” means the order did not state that this dismissal permanently barred refiling or pursuing the matter.
The court dismissed all claims against John Doe, Jane Doe, and North Memorial Medical Center without prejudice because of Amos’s failure to prosecute under Federal Rule of Civil Procedure 41(b). Their motion to dismiss was denied as moot, meaning the court treated that motion as no longer requiring a ruling because of the disposition of those claims.
The court granted the motion for judgment on the pleadings filed by Ryan Kelly, Chad Conner, Peng Moua, Dirk Spee, Kurtis Schoonover, and the City of Minneapolis. The order does not state in item 6 which specific claims were resolved by that ruling. It separately dismissed Chad Conner, Peng Moua, Dirk Spee, and the City of Minneapolis without prejudice for failure to complete timely service under Rule 4(m).
The court dismissed Amos’s Minnesota-law claims for assault and battery with prejudice under Minnesota Statute § 541.07. “With prejudice” means the order stated that those claims were permanently dismissed. Finally, the court denied Amos’s motion to stay the motion for judgment on the pleadings.
Disposition
The order accepted both recommendations; dismissed specified defendants and claims without prejudice; dismissed the assault-and-battery claims with prejudice; denied the motion to dismiss as moot; granted the motion for judgment on the pleadings; and denied the motion to stay. Judge Jerry W. Blackwell signed the order on February 26, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.