Johnson v. AWA Westpal

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Eugene Laron Johnson, Edward Civ. No. 24-4226 (PAM/JFD) K. Dembry, Larry Riddle-Evans, Bobby Dawkins, Cornell Roberson, and Aaron Teague,

Plaintiffs,

v. ORDER

AWA Westpal, Assistant Warden; and Tracy Beltz, Warden;

Defendants.

This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty dated March 13, 2025. (Docket No. 20.) The R&R recommends dismissal of this matter without prejudice. 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. This matter is DISMISSED without prejudice to the extent that it purports to bring claims on behalf of any Plaintiffs other than Eugene Laron Johnson; 3. The applications to proceed in forma pauperis submitted by Plaintiffs Larry Riddle-Evans and Edward E. Dembry (Docket Nos. 8 and 9) are DENIED as moot; 4. Johnson’s claims in this action are DISMISSED without prejudice as

frivolous under 28 U.S.C. § 1915(e)(2); and 5. Johnson’s Application to Proceed in District Court Without Prepaying Fees or Costs (Docket No. 12) and Motion for In-Person Service (Docket No. 13) are DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: April 9, 2025 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge