Doward v. State of Minnesota
- Jerry Blackwell
- 0:24-cv-00182
- U.S. District Court · District of Minnesota
- 2
In Doward v. State of Minnesota, Judge Blackwell dismissed the action without prejudice for improper removal and lack of subject-matter jurisdiction.
Monique Annette Doward’s federal action was dismissed without prejudice, and her application to proceed without prepaying fees or costs was denied as moot. The State of Minnesota remained the named defendant.
What happened
In Doward v. State of Minnesota, Monique Annette Doward, representing herself, objected to a magistrate judge’s recommendation concerning her filing.
The court ruled that Doward could not remove her own claims to federal court and that the court therefore lacked authority to hear the case. It overruled her objection.
Judge Jerry W. Blackwell accepted the recommendation, dismissed the action without prejudice for improper removal and lack of subject-matter jurisdiction, and denied Doward’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Doward v. State of Minnesota · No. 0:24-cv-00182
- Jerry W. Blackwell
- Apr. 2, 2024
Background
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on January 30, 2024. Monique Annette Doward, who represented herself, filed objections.
Court’s analysis
The district court reviewed the challenged portions of the recommendation. It explained that Doward’s objection—that her claims raised federal questions—did not specifically challenge the recommendation’s findings. The court held that, whether acting as a plaintiff or counterclaim plaintiff, Doward could not remove her own claims to federal court. It concluded that the court lacked subject-matter jurisdiction, meaning it lacked legal authority to hear the action, and overruled her objection.
Ruling
Judge Jerry W. Blackwell accepted the January 30, 2024 Report and Recommendation. The court dismissed the action without prejudice for improper removal and lack of subject-matter jurisdiction. It also denied Doward’s application to proceed in district court without prepaying fees or costs as moot. The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.