Burgess v. United States
- Jeffrey Bryan
- 0:24-cv-02676
- U.S. District Court · District of Minnesota
- 1
In Burgess v. United States, Judge Bryan dismissed the action without prejudice for failure to prosecute after adopting an unchallenged recommendation.
The action brought by Albert C. Burgess, Jr. against the United States of America was dismissed without prejudice.
What happened
In Burgess v. United States, Albert C. Burgess, Jr. filed a petition in federal court against the United States of America.
A magistrate judge recommended dismissing the petition without prejudice because Burgess had not prosecuted it. Neither party objected to that recommendation.
Judge Jeffrey M. Bryan found no clear error, adopted the recommendation, and dismissed the action without prejudice. The court directed that judgment be entered.
The detailed version
- Burgess v. United States · No. 0:24-cv-02676
- Jeffrey M. Bryan
- Nov. 14, 2024
Background
The court considered a petition for a writ of habeas corpus filed by Albert C. Burgess, Jr. against the United States of America. The opinion does not describe the petition's underlying claims.
Report and Recommendation
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 8, 2024. It recommended dismissing Burgess's petition without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Neither party filed objections.
Ruling
Because there were no timely objections, Judge Jeffrey M. Bryan reviewed the recommendation for clear error. Finding no clear error, he adopted the recommendation and dismissed the action without prejudice. The court ordered that judgment be entered. The order did not decide the underlying merits of Burgess's petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.