Jerry Wayne Blackwell

Like the rest of the D. Minn. bench, Blackwell resolves much of his early-stage civil and criminal docket by adopting magistrate-judge R&Rs (Foster, Schultz, Micko all appear here). He reviews objected portions de novo and unobjected portions for clear error (D. Minn. LR 72.2(b)), and gives self-represented litigants' filings liberal construction. Objections that 'merely repeat arguments presented to and considered by a magistrate judge' draw only clear-error review, not de novo.

“objections to an R&R that 'are not specific but merely repeat arguments presented to and considered by a magistrate judge are not entitled to de novo review, but rather are reviewed for clear error'”

Blackwell enforces the Article III capacity rule strictly: a non-attorney parent cannot prosecute a minor child's federal claims pro se, and no amount of recharacterizing the objection ('preserving my own rights') saves the suit where the parent pleaded only the child's claims. He gives the litigant ample runway to find counsel first, then dismisses WITHOUT prejudice so the child's claims can be re-filed with a lawyer -- a remedy-preserving, not punitive, disposition.

“To pursue the claims asserted on her child's behalf in this matter, McCall must have counsel.”

In supervised-release / ISR suppression disputes he follows the Eighth Circuit's Kuhnel rule that a supervisee made aware of a search condition may be searched without reasonable suspicion, and he reinforces the holding with an alternative reasonable-suspicion finding -- belt-and-suspenders reasoning that insulates the ruling on appeal.

“The Eighth Circuit in Kuhnel plainly stated that suspicionless searches are permissible under conditions much like those imposed on Defendant, when the defendant had been made aware of such a condition.”