Gozo v. Skillet Inc.
U.S. District Court, District of Minnesota
Gozo v. Skillet Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Makusha Gozo, Civ. No. 24-1193 (PAM/JFD)
Plaintiff,
v. ORDER
Skillet Kitchen, Inc., Eric Tollefson,
Kandiyohi County, Alejandro Mayorkas,
the City of Willmar, the State of Minnesota,
U.S Department of Homeland Security, and
Tim Walz,
Defendants.
This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge John F. Docherty dated May 13, 2024. (Docket No. 20).
The R&R recommends denying Plaintiff Makusha Gozo’s various motions—“Motion for
42 U.S.C. § 1997e(a) Exhaustion” (Docket No. 3), “Emergency Motion for Injunctive or
Declaratory Relief” (Docket No. 5), and two Motions seeking to proceed in forma pauperis
(“IFP”) in this matter (Docket Nos. 7, 15)—and dismissing this matter in its entirety.
Plaintiff has not objected to the R&R and the time to do so has passed. D. Minn. L.R.
72.2(b)(1).
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. 20) is ADOPTED;
2. Plaintiff’s IFP Applications (Docket Nos. 7, 15) are DENIED as moot;
3. Plaintiff’s Motion for Exhaustion (Docket No. 3) and Motion for Injunctive
or Declaratory Relief (Docket No. 5) are DENIED as moot; and
4. This matter is DISMISSED without prejudice in its entirety.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: June 11, 2024
s/Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Makusha Gozo, Civ. No. 24-1193 (PAM/JFD)
Plaintiff,
v. ORDER
Skillet Kitchen, Inc., Eric Tollefson,
Kandiyohi County, Alejandro Mayorkas,
the City of Willmar, the State of Minnesota,
U.S Department of Homeland Security, and
Tim Walz,
Defendants.
This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge John F. Docherty dated May 13, 2024. (Docket No. 20).
The R&R recommends denying Plaintiff Makusha Gozo’s various motions—“Motion for
42 U.S.C. § 1997e(a) Exhaustion” (Docket No. 3), “Emergency Motion for Injunctive or
Declaratory Relief” (Docket No. 5), and two Motions seeking to proceed in forma pauperis
(“IFP”) in this matter (Docket Nos. 7, 15)—and dismissing this matter in its entirety.
Plaintiff has not objected to the R&R and the time to do so has passed. D. Minn. L.R.
72.2(b)(1).
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. 20) is ADOPTED;
2. Plaintiff’s IFP Applications (Docket Nos. 7, 15) are DENIED as moot;
3. Plaintiff’s Motion for Exhaustion (Docket No. 3) and Motion for Injunctive
or Declaratory Relief (Docket No. 5) are DENIED as moot; and
4. This matter is DISMISSED without prejudice in its entirety.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: June 11, 2024
s/Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge Reference
- Status
- Unknown