Nelson v. Pugh

U.S. District Court, District of Minnesota

Nelson v. Pugh

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Chad Nicholas Nelson,                      Civ. No. 23-884 (PAM/DTS)      

               Petitioner,                                           

v.                                                        ORDER           

Jesse Pugh, Rush City Prison Warden,                                      

               Respondent.                                           

This matter is before the Court on the Report and Recommendation (“R&R”) of 
United States Magistrate Judge David T. Schultz dated January 30, 2024.  (Docket No. 76).  
The R&R recommends denying as moot the portion of Petitioner’s Motion in Limine that 
requests injunctive relief, and several other motions that also request injunctions or other 
equitable relief.  The Court has received no objections to the R&R and the time to do so 
has expired.  See D. Minn. L.R. 72.2(b)(1) (providing that a party may file objections to a 
magistrate judge’s recommendations within 14 days).                       
This Court must review de novo any portion of an R&R to which specific objections 
are made, but in the absence of objections, the Court reviews the R&R only for clear error.  
28 U.S.C. § 636
(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 
73 F.3d 793, 795
 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for 
clear error).  The Court has reviewed the R&R and finds no error, clear or otherwise, in the 
Magistrate Judge’s reasoning.                                             
Accordingly, IT IS HEREBY ORDERED that:                              
1.   The R&R (Docket No. 76) is ADOPTED;                             
2.   The Motion for Preliminary Injunction (Docket No. 17) is DENIED as 
     moot;                                                           

3.   The Motion for an Order from the Court re: Legal Mail and Legal Calls with 
     POA (Docket No. 23) is DENIED as moot; and                      
4.   The Motion to Suspend Prison Rules and Setup O-Email Accounts (Docket 
     No. 45) is DENIED as moot.                                      

Date:      February 22, 2024                                              
                                     s/Paul A. Magnuson              
                              Paul A. Magnuson                       
                              United States District Court Judge     

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Chad Nicholas Nelson,                      Civ. No. 23-884 (PAM/DTS)      

               Petitioner,                                           

v.                                                        ORDER           

Jesse Pugh, Rush City Prison Warden,                                      

               Respondent.                                           

This matter is before the Court on the Report and Recommendation (“R&R”) of 
United States Magistrate Judge David T. Schultz dated January 30, 2024.  (Docket No. 76).  
The R&R recommends denying as moot the portion of Petitioner’s Motion in Limine that 
requests injunctive relief, and several other motions that also request injunctions or other 
equitable relief.  The Court has received no objections to the R&R and the time to do so 
has expired.  See D. Minn. L.R. 72.2(b)(1) (providing that a party may file objections to a 
magistrate judge’s recommendations within 14 days).                       
This Court must review de novo any portion of an R&R to which specific objections 
are made, but in the absence of objections, the Court reviews the R&R only for clear error.  
28 U.S.C. § 636
(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 
73 F.3d 793, 795
 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for 
clear error).  The Court has reviewed the R&R and finds no error, clear or otherwise, in the 
Magistrate Judge’s reasoning.                                             
Accordingly, IT IS HEREBY ORDERED that:                              
1.   The R&R (Docket No. 76) is ADOPTED;                             
2.   The Motion for Preliminary Injunction (Docket No. 17) is DENIED as 
     moot;                                                           

3.   The Motion for an Order from the Court re: Legal Mail and Legal Calls with 
     POA (Docket No. 23) is DENIED as moot; and                      
4.   The Motion to Suspend Prison Rules and Setup O-Email Accounts (Docket 
     No. 45) is DENIED as moot.                                      

Date:      February 22, 2024                                              
                                     s/Paul A. Magnuson              
                              Paul A. Magnuson                       
                              United States District Court Judge     

Reference

Status
Unknown