Kalichenko v. Sepal
- Jeffrey Bryan
- 0:24-cv-02426
- U.S. District Court · District of Minnesota
- 2
In Kalichenko v. Sepal, Judge Bryan dismissed the action without prejudice after adopting a recommendation based on failure to prosecute.
Olena Kalichenko’s action against Warden Michael Sepal, Captain Koch, and Unit Manager Kopischke was dismissed without prejudice.
What happened
In Kalichenko v. Sepal, the court reviewed a magistrate judge’s recommendation that the action be dismissed because Olena Kalichenko failed to prosecute it. The defendants are Warden Michael Sepal, Captain Koch, and Unit Manager Kopischke.
The recommendation was issued by United States Magistrate Judge John F. Docherty on July 31, 2024. Neither party objected, and the deadline for objections passed.
The court found no clear error, adopted the recommendation, and dismissed the action without prejudice. Judge Jeffrey M. Bryan entered the order, meaning the dismissal did not bar refiling under the terms stated in the order.
The detailed version
- Kalichenko v. Sepal · No. 0:24-cv-02426
- Jeffrey M. Bryan
- Sept. 30, 2024
Background
Olena Kalichenko brought this action against Warden Michael Sepal, Captain Koch, and Unit Manager Kopischke. The court considered a Report and Recommendation issued by United States Magistrate Judge John F. Docherty on July 31, 2024.
Recommendation and Review
The Report and Recommendation recommended dismissal under Federal Rule of Civil Procedure 41(b) because Kalichenko failed to prosecute the action. Neither party filed objections, and the deadline to object had passed. Without timely objections, the court reviewed the recommendation for clear error.
Ruling
The court found no clear error, adopted the Report and Recommendation, and dismissed the action without prejudice. The order was signed by Judge Jeffrey M. Bryan. The opinion does not decide the underlying merits of Kalichenko’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.