Peet et al v. Sidney et al
Filing
78
ORDER ADOPTING REPORT AND RECOMMENDATION: the Report and Recommendation 74 is ACCEPTED in full; the Courts February 11, 2019 Order Adopting Report And Recommendation 75 is VACATED; the Motion for Extension of Time to File Objections to Report an d Recommendations 76 is DENIED IN PART and OVERRULED IN PART; the motion to dismiss filed by Defendants Debbie Goettel and Michelle Luna 33 is GRANTED IN PART and DENIED IN PART; the motion for partial dismissal with prejudice filed by Defendants Mark Jones and Sue Morfitt 37 is GRANTED; the motion to dismiss filed by Defendants Department of Housing and Urban Development Minneapolis Field Office Director Michele K. Smith and Department of Housing and Urban Development Investigator Lendine Darden 61 is GRANTED; and Plaintiff John E. Peets motion for summary judgment 52 is DENIED without prejudice. (See Order for specifics.) (Written Opinion) Signed by Judge Eric C. Tostrud on 2/20/2019. (RMM)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
John E. Peet,
File No. 17-cv-1870 (ECT/TNL)
Plaintiff,
v.
Michele K. Smith, acting Director MN Hud
Dept, Lendine Darden, Inv Hud Dept,
Sue Morfit, New Orleans Court apt,
Mark Z. Jones, Highland Management gr Inc,
Michelle Luna, Housing Specialist HRA,
Debbie Goettel, May of Richfield MN now
Commissioner Hennepin County MN,
Mark Jones, New Orleans Court apt,
ORDER ACCEPTING REPORT
AND RECOMMENDATION
Defendants.
________________________________________________________________________
This matter is before the Court on the motion [ECF No. 76] of John E. Peet (“Peet”)
for an extension of time to file objections to a Report and Recommendation of United States
Magistrate Judge Tony N. Leung issued January 23, 2019 and entered January 24, 2019
[ECF No. 74]. If calculated from the later of those two dates, Peet’s fourteen-day deadline
under Fed. R. Civ. P. 72(b)(2) to file any objections to the Report and Recommendation
would ordinarily have expired on February 7, 2019. Because Peet is a pro se litigant who
does not participate in the District’s e-filing system and who instead was served by mail,
Rule 6(d) entitles him to an additional three days, or until February 10, 2019, to file any
objections. And because that extended deadline fell on a Sunday, Peet’s deadline was
extended one additional day under Rule 6(a)(1)(C), until Monday February 11, 2019. He
filed his motion for an extension of time on February 11 (though it was postmarked
February 8).
ECF No. 76-1; see Fed. R. Civ. P. 5(d)(2) (a paper is filed when it is
“delivered”).
There was—as is common and practically unavoidable with papers filed by mail—
a brief delay in the processing of Peet’s motion, and the motion was not docketed
electronically until February 13, 2019. In the meantime, the Court entered an Order
adopting Magistrate Judge Leung’s Report and Recommendation after reviewing it under
the clear-error standard of review required when no party has filed an objection. ECF
No. 75; Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Because Peet’s motion for an extension of time was timely, the Court will consider
whether it demonstrates good cause, as required under Rule 6(b)(1)(A), rather than under
the stricter excusable-neglect standard that applies when a request is not made until after
the original deadline has expired, see Fed. R. Civ. P. 6(b)(1)(B). Peet strenuously disagrees
with the Report and Recommendation, and maintains that he is much aggrieved by the facts
surrounding his case and their ongoing impact in his life. See generally ECF No. 76. But
other than repeatedly stating that he needs more time to file objections, the only explanation
he offers for why he needs more time is that “it [will] take me more time th[a]n 14 Days to
get Help for me to try to understand How I [can get]1 this case in my favor.” ECF No. 76
at 3. Without more, that explanation does not constitute good cause.
Liberally construed, certain portions of Peet’s motion for an extension of time could
be considered an objection to the Report and Recommendation. Erickson v. Pardus,
1
Although this portion is difficult to read, “can get” represents the Court’s best guess
at interpreting Peet’s handwriting.
2
551 U.S. 89, 94 (2007) (per curiam) (“A document filed pro se is ‘to be liberally
construed.’” (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). Because, due to the
delay in docketing, the Court was unaware that Peet had filed a timely objection, the Court
considered only whether the Report and Recommendation was clearly erroneous and did
not apply the de novo review required when a party has timely objected. See ECF No. 75;
Fed. R. Civ. P. 72(b)(3). Accordingly, the Court’s prior order will be vacated sua sponte
to apply the correct standard of review to Peet’s objections. Fed. R. Civ. P. 60(a) (“The
court may correct a clerical mistake or a mistake arising from oversight or omission
whenever one is found in a judgment, order, or other part of the record” and may do so “on
its own, with or without notice”).
Having undertaken that de novo review, the Court concludes that Magistrate Judge
Leung’s analysis and conclusions are correct.
Therefore, based upon all of the files, records, and proceedings in the abovecaptioned matter, IT IS HEREBY ORDERED that:
1.
The
Court’s
February 11,
2019
Order
Adopting
Report
And
Recommendation [ECF No. 75] is VACATED;
2.
The Motion for Extension of Time to File Objections to Report and
Recommendations [ECF No. 76] is DENIED IN PART and OVERRULED IN PART as
follows:
a.
Insofar as that motion seeks an extension of time to file objections, it is
DENIED; and
3
b.
Insofar as that motion, liberally construed, constitutes objections to the
Report and Recommendation, those objections are OVERRULED;
3.
The Report and Recommendation [ECF No. 74] is ACCEPTED in full;
4.
The motion to dismiss filed by Defendants Debbie Goettel and Michelle
Luna [ECF No. 33] is GRANTED IN PART and DENIED IN PART as follows:
a.
Counts One through Three are dismissed with prejudice;
b.
Count Four, to the extent that it asserts claims for monetary relief, is
dismissed with prejudice; and
c.
The motion is denied as to Count Four, to the extent that it asserts claims
for injunctive relief.
5.
The motion for partial dismissal with prejudice filed by Defendants Mark
Jones and Sue Morfitt [ECF No. 37] is GRANTED;
6.
The motion to dismiss filed by Defendants Department of Housing and
Urban Development Minneapolis Field Office Director Michele K. Smith and Department
of Housing and Urban Development Investigator Lendine Darden [ECF No. 61] is
GRANTED as follows:
a.
Counts One and Two are dismissed with prejudice; and
b.
Counts Three and Four are dismissed without prejudice.
4
7.
Plaintiff John E. Peet’s motion for summary judgment [ECF No. 52] is
DENIED without prejudice.
Dated: February 20, 2019
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?