Hines v. State of Minnesota

U.S. District Court, District of Minnesota

Hines v. State of Minnesota

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Frederick Dewayne Hines,               File No. 23-cv-2692 (ECT/DJF)      

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
State of Minnesota, County of Washington,                                 
City of Stillwater, City of Bayport, Paul                                 
Schnell, Michele Smith, Nannette Larson,                                  
William Bolin, Guy Bosch, Sherlinda                                       
Wheeler, Marisa Williams, Unknown Otoo,                                   
Kathy Reid, Sue Norton, Jenny Carufel,                                    
Chris Pawelk, Stephen Craane, T. Weeks,                                   
Unknown Connors, Unknown Darling, D.                                      
Kenyon, Joan Wolff, Bronson Austrenge,                                    
Rachel Culver, Abby Domagalski, Amber                                     
Swanson, Unknown Demay, Unknown                                           
Detsch, Genet Ghebre, Unknown Nyemah,                                     
Steve McCarty, Unknown Herrington,                                        
Adam Perry, Unknown Hennen, Unknown                                       
Ozzello, Unknown Spets, Chad Mercure,                                     
Matthew Johnson, J. Ecker, Unknown                                        
Ramussen, Unknown Grandy, Unknown                                         
Willard, Unknown Bune, Gary Scott,                                        
Unknown Giraud, J. Deveny-Leggit,                                         
Unknown Zigglar, Unknown Stevenson,                                       
Unknown Lewis, Minnesota Department of                                    
Corrections, Central Office, and all agents,                              
employees,                                                                

     Defendants.                                                     
________________________________________________________________________  
Magistrate  Judge  Dulce  J.  Foster  issued  a  Report  and  Recommendation  on 
November  30,  2023.    ECF  No.  5.    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 of the files, records, and proceedings in the above-captioned matter, IT 
IS ORDERED THAT:                                                          

1.   The Report and Recommendation [ECF No. 5] is ACCEPTED;          
2.   This action is DISMISSED without prejudice under Federal Rule of Civil 
Procedure 41(b) for failure to prosecute; and                             
3.   Plaintiff Frederick Dewayne Hines’s Application to Proceed in District Court 
Without Prepaying Fees or Costs [ECF No. 3] is DENIED as moot.            

       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  January 2, 2024       s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Frederick Dewayne Hines,               File No. 23-cv-2692 (ECT/DJF)      

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
State of Minnesota, County of Washington,                                 
City of Stillwater, City of Bayport, Paul                                 
Schnell, Michele Smith, Nannette Larson,                                  
William Bolin, Guy Bosch, Sherlinda                                       
Wheeler, Marisa Williams, Unknown Otoo,                                   
Kathy Reid, Sue Norton, Jenny Carufel,                                    
Chris Pawelk, Stephen Craane, T. Weeks,                                   
Unknown Connors, Unknown Darling, D.                                      
Kenyon, Joan Wolff, Bronson Austrenge,                                    
Rachel Culver, Abby Domagalski, Amber                                     
Swanson, Unknown Demay, Unknown                                           
Detsch, Genet Ghebre, Unknown Nyemah,                                     
Steve McCarty, Unknown Herrington,                                        
Adam Perry, Unknown Hennen, Unknown                                       
Ozzello, Unknown Spets, Chad Mercure,                                     
Matthew Johnson, J. Ecker, Unknown                                        
Ramussen, Unknown Grandy, Unknown                                         
Willard, Unknown Bune, Gary Scott,                                        
Unknown Giraud, J. Deveny-Leggit,                                         
Unknown Zigglar, Unknown Stevenson,                                       
Unknown Lewis, Minnesota Department of                                    
Corrections, Central Office, and all agents,                              
employees,                                                                

     Defendants.                                                     
________________________________________________________________________  
Magistrate  Judge  Dulce  J.  Foster  issued  a  Report  and  Recommendation  on 
November  30,  2023.    ECF  No.  5.    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 of the files, records, and proceedings in the above-captioned matter, IT 
IS ORDERED THAT:                                                          

1.   The Report and Recommendation [ECF No. 5] is ACCEPTED;          
2.   This action is DISMISSED without prejudice under Federal Rule of Civil 
Procedure 41(b) for failure to prosecute; and                             
3.   Plaintiff Frederick Dewayne Hines’s Application to Proceed in District Court 
Without Prepaying Fees or Costs [ECF No. 3] is DENIED as moot.            

       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  January 2, 2024       s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Reference

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