Phillip Horswell v. REM River Bluffs and Wade Welper

Summary

The United States District Court for the District of Minnesota accepted the magistrate judge’s Report and Recommendation after no timely objections were filed. The court dismissed Phillip Horswell’s complaint without prejudice for lack of subject-matter jurisdiction and denied his application to proceed in forma pauperis as moot.

Holdings

1. When no timely objections are filed, the district court reviews the Report and Recommendation for clear error; finding none, the court accepted the Report and Recommendation.
2. The complaint was dismissed without prejudice for lack of subject-matter jurisdiction.
3. The application to proceed in forma pauperis was denied as moot following dismissal of the complaint.

Questions Presented

1. Whether the magistrate judge's Report and Recommendation should be accepted when no timely objections were filed.
2. Whether the complaint should be dismissed without prejudice for lack of subject-matter jurisdiction.
3. Whether the application to proceed in forma pauperis should be denied as moot after dismissal.

Disposition

dismissed