Grande v. State of MN
- Jerry Blackwell
- 0:24-cv-00028
- U.S. District Court · District of Minnesota
- 2
In Grande v. State of MN, Judge Blackwell accepted the magistrate judge’s recommendation, dismissed the complaint without prejudice, and denied the fee application as moot.
Patrick Ryan Grande’s complaint was dismissed without prejudice, and his application to proceed without prepaying fees or costs was denied as moot. The named defendants were State of MN, Saint Peter Regional Treatment Center, and State of MN Dept. of Health and Human Services.
What happened
Grande v. State of MN involved Patrick Ryan Grande’s complaint against State of MN, Saint Peter Regional Treatment Center, and State of MN Dept. of Health and Human Services. The supplied order does not explain the complaint’s claims or why the magistrate judge recommended dismissal.
Magistrate Judge Tony N. Leung issued a report and recommendation on March 8, 2024. No objections were filed by the deadline, so the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Judge Jerry W. Blackwell found no clear error and accepted the recommendation. The court dismissed Grande’s complaint without prejudice and denied his application to proceed without prepaying fees or costs as moot.
The detailed version
- Grande v. State of MN · No. 0:24-cv-00028
- Jerry W. Blackwell
- Apr. 1, 2024
Background
Patrick Ryan Grande filed a complaint against State of MN, Saint Peter Regional Treatment Center, and State of MN Dept. of Health and Human Services. He also filed an application to proceed in district court without prepaying fees or costs. The supplied order does not describe the complaint’s allegations or the reasons for the recommended dismissal.
Report and Recommendation
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation on March 8, 2024. No party filed objections within the permitted time. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error rather than conducting the type of review that would apply to timely objections.
Ruling
Judge Jerry W. Blackwell found no clear error in the Report and Recommendation and accepted it. The court dismissed Grande’s complaint without prejudice, meaning the order did not bar refiling on that basis. The court also denied Grande’s application to proceed without prepaying fees or costs as moot. The order directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.