King v. Ogastien
U.S. District Court, District of Minnesota
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 Reference
- Status
- Unknown