Phillip Horswell v. Saint Peter Regional Treatment Center

Summary

The United States District Court for the District of Minnesota adopted a magistrate judge’s Report and Recommendation and dismissed Phillip Horswell’s action without prejudice for lack of subject-matter jurisdiction. The court denied as moot Horswell’s application to proceed without prepaying fees or costs and motion for a preliminary injunction. The court also warned that continued meritless filings could result in Horswell being added to the district’s list of restricted filers.

Holdings

1. When neither party timely objects to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error; finding none, the court may adopt it.
2. The action must be dismissed without prejudice for lack of subject-matter jurisdiction.
3. The plaintiff's application to proceed without prepaying fees or costs and motion for a preliminary injunction are denied as moot after dismissal of the action.

Questions Presented

1. Whether the district court should adopt an unobjected-to Report and Recommendation after reviewing it for clear error.
2. Whether the action should be dismissed without prejudice for lack of subject-matter jurisdiction.
3. Whether the application to proceed without prepaying fees or costs and the motion for a preliminary injunction should be denied as moot following dismissal.

Disposition

dismissed