Roybal v. Schnell

U.S. District Court, District of Minnesota

Roybal v. Schnell

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Kristopher Lee Roybal,                File No. 24-cv-1652 (ECT/DTS)       

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Paul Schnell, Commissioner of Corrections,                                
sued in his official capacity,                                            

     Defendant.                                                      
________________________________________________________________________  
Magistrate  Judge  David  T.  Schultz  issued  a  Report  and  Recommendation  on 
October  28,  2024.    ECF  No.  52.    No  party  has  objected  to  that  Report  and 
Recommendation, and it is therefore reviewed 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 
ORDERED THAT:                                                             
1.   The Report and Recommendation [ECF No. 52] is ACCEPTED.         
2.   Plaintiff’s  Motion  to  Certify  this  Complaint  as  a  Class-Action  Lawsuit 
[ECF No. 51] is DENIED AS MOOT.                                           
3.   This action is DISMISSED WITHOUT PREJUDICE.                     
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  December 27, 2024     s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Kristopher Lee Roybal,                File No. 24-cv-1652 (ECT/DTS)       

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Paul Schnell, Commissioner of Corrections,                                
sued in his official capacity,                                            

     Defendant.                                                      
________________________________________________________________________  
Magistrate  Judge  David  T.  Schultz  issued  a  Report  and  Recommendation  on 
October  28,  2024.    ECF  No.  52.    No  party  has  objected  to  that  Report  and 
Recommendation, and it is therefore reviewed 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 
ORDERED THAT:                                                             
1.   The Report and Recommendation [ECF No. 52] is ACCEPTED.         
2.   Plaintiff’s  Motion  to  Certify  this  Complaint  as  a  Class-Action  Lawsuit 
[ECF No. 51] is DENIED AS MOOT.                                           
3.   This action is DISMISSED WITHOUT PREJUDICE.                     
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  December 27, 2024     s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Reference

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