Joshua Thompson v. Clay County Sheriffs and Correctional Facility, and Mike Rapp

Summary

The United States District Court for the District of Minnesota accepted a magistrate judge’s Report and Recommendation recommending dismissal of Joshua Thompson’s amended complaint without prejudice for failure to state a claim under 28 U.S.C. § 1915A(b)(1). The court denied Thompson’s applications to proceed in forma pauperis and motions to appoint counsel as moot and ordered him to pay the remaining $344.21 filing-fee balance.

Holdings

1. When no objections are filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error.
2. The Report and Recommendation was accepted, and Thompson's amended complaint was dismissed without prejudice for failure to state a claim upon which relief may be granted.
3. Thompson was required to pay the unpaid balance of $344.21 of the statutory filing fee in the manner prescribed by 28 U.S.C. § 1915(b)(2).

Questions Presented

1. What standard of review applies when a party does not object to a magistrate judge's Report and Recommendation?
2. Whether the Report and Recommendation recommending dismissal of the amended complaint without prejudice for failure to state a claim should be accepted.
3. Whether Thompson was required to pay the remaining unpaid balance of the statutory filing fee.

Disposition

dismissed