U.S. District Court, District of Minnesota, 2024

King v. Ogastien

King v. Ogastien
U.S. District Court, District of Minnesota · Decided October 24, 2024

King v. Ogastien

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Aaron Scott King Sr., Case No. 24-CV-02442 (JMB/DJF) Plaintiff,

ORDER v. Officer Ogastien, Henipen County Jail; Henipen County Jail; SGT who Denied my agreviece; Nurses and Correctional Officers; Defendants.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Dulce J. Foster dated July 16, 2024. (Doc. No. 4.) In the R&R, the Magistrate Judge considered whether to grant King’s motion to proceed in forma pauperis. (See id.; Doc. No. 3.) The Magistrate Judge concluded that, because King’s Complaint (Doc. No. 1) fails to state a viable claim for relief, this action should be dismissed and his IFP application should be denied accordingly under 28 U.S.C. § 1915A(b). The Magistrate Judge also recommended that King be ordered to pay the outstanding $350 statutory civil-action filing fee for which he is responsible under 28 U.S.C. § 1915(b)(2). King did not object to the R&R. See D. Minn. L.R. 72.2(b)(1).

In the absence of timely objections, the Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Finding no clear error, and based upon all the files, records, and proceedings in the above- captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 4) is ADOPTED.

2. King’s application to proceed in forma pauperis (Doc. No. 3) is DENIED.

3. The Court dismisses this action without prejudice.

4. Mr. King shall pay the unpaid balance of the statutory filing fee ($350.00) in the manner prescribed by 28 U.S.C. § 1915(b)(2). The Clerk of Court shall provide notice of this requirement to the authorities at the institution where King is incarcerated.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 24, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Aaron Scott King Sr., Case No. 24-CV-02442 (JMB/DJF) Plaintiff,

ORDER v. Officer Ogastien, Henipen County Jail; Henipen County Jail; SGT who Denied my agreviece; Nurses and Correctional Officers; Defendants.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Dulce J. Foster dated July 16, 2024. (Doc. No. 4.) In the R&R, the Magistrate Judge considered whether to grant King’s motion to proceed in forma pauperis. (See id.; Doc. No. 3.) The Magistrate Judge concluded that, because King’s Complaint (Doc. No. 1) fails to state a viable claim for relief, this action should be dismissed and his IFP application should be denied accordingly under 28 U.S.C. § 1915A(b). The Magistrate Judge also recommended that King be ordered to pay the outstanding $350 statutory civil-action filing fee for which he is responsible under 28 U.S.C. § 1915(b)(2). King did not object to the R&R. See D. Minn. L.R. 72.2(b)(1).

In the absence of timely objections, the Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).

Finding no clear error, and based upon all the files, records, and proceedings in the above- captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 4) is ADOPTED.

2. King’s application to proceed in forma pauperis (Doc. No. 3) is DENIED.

3. The Court dismisses this action without prejudice.

4. Mr. King shall pay the unpaid balance of the statutory filing fee ($350.00) in the manner prescribed by 28 U.S.C. § 1915(b)(2). The Clerk of Court shall provide notice of this requirement to the authorities at the institution where King is incarcerated.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 24, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court

Case-law data current through December 31, 2025. Source: CourtListener bulk data.