Goldmann v. Sherburne County Sheriffs Department
U.S. District Court, District of Minnesota
Goldmann v. Sherburne County Sheriffs Department
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Steven Goldmann et al.,
Case No. 21-cv-2530 (KMM/DJF)
Plaintiff,
v. ORDER
Sherburne County Sheriffs Department
et al.,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Dulce J. Foster, dated
September 17, 2024. No objections have been filed to that R&R in the time period
permitted.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
IT IS HEREBY ORDERED that:
1. Plaintiff Romelle Smith’s case is severed from this action and the Proposed
Amended Complaint [ECF 160-1] shall be docketed as the operative complaint in
the new action;
2. Plaintiff Romelle Smith’s claims shall relate back to November 18, 2021, the date
that the original complaint in this matter [ECF 1] was filed;
3. The remaining plaintiffs’ claims are DISMISSED without prejudice for failure to
prosecute;
4. Upon severance of Mr. Smith’s action and dismissal of the remaining Plaintiffs’
claims, Plaintiffs’ Counsel—Nicholas Ratkowski and the Contreras Edin law
firm—shall be withdrawn from both this action and Mr. Smith’s severed action;
5. The Clerk’s Office shall mail Mr. Smith a copy of this Order, the new case
number, and an application to proceed in forma pauperis status; and
6. This case is closed.
Date: December 13, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Steven Goldmann et al.,
Case No. 21-cv-2530 (KMM/DJF)
Plaintiff,
v. ORDER
Sherburne County Sheriffs Department
et al.,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Dulce J. Foster, dated
September 17, 2024. No objections have been filed to that R&R in the time period
permitted.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
IT IS HEREBY ORDERED that:
1. Plaintiff Romelle Smith’s case is severed from this action and the Proposed
Amended Complaint [ECF 160-1] shall be docketed as the operative complaint in
the new action;
2. Plaintiff Romelle Smith’s claims shall relate back to November 18, 2021, the date
that the original complaint in this matter [ECF 1] was filed;
3. The remaining plaintiffs’ claims are DISMISSED without prejudice for failure to
prosecute;
4. Upon severance of Mr. Smith’s action and dismissal of the remaining Plaintiffs’
claims, Plaintiffs’ Counsel—Nicholas Ratkowski and the Contreras Edin law
firm—shall be withdrawn from both this action and Mr. Smith’s severed action;
5. The Clerk’s Office shall mail Mr. Smith a copy of this Order, the new case
number, and an application to proceed in forma pauperis status; and
6. This case is closed.
Date: December 13, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Reference
- Status
- Unknown