Burgess v. United States
- Leo Brisbois
- 0:24-cv-02676
- U.S. District Court · District of Minnesota
- 2
In Burgess v. United States, Magistrate Judge Brisbois recommended dismissing the habeas case without prejudice because Burgess did not follow a court order.
Albert C. Burgess, Jr.; the recommendation would dismiss his habeas action without prejudice unless the District Court rules otherwise.
What happened
In Burgess v. United States, Albert C. Burgess, Jr. asked the court for habeas relief. The court ordered him to explain whether he had tried the Bureau of Prisons’ administrative remedies or why that requirement should be excused.
The deadline passed, but Burgess did not submit the required filing or take any other action after filing his petition. The magistrate judge therefore recommended dismissing the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Magistrate Judge Leo I. Brisbois issued the recommendation on October 8, 2024. It was not a final order or judgment, and the notice said the parties could file specific written objections within 14 days after being served.
The detailed version
- Burgess v. United States · No. 0:24-cv-02676
- Leo Brisbois
- Oct. 8, 2024
Background
Albert C. Burgess, Jr. filed a petition asking for a writ of habeas corpus against the United States of America. On August 8, 2024, the court ordered Burgess to file an explanation of his attempts to use the Bureau of Prisons’ administrative remedies to address his concerns, or to explain why the court should excuse the exhaustion requirement. The court gave him 30 days, until September 7, 2024, and warned that failing to comply would lead to a recommendation that the case be dismissed without prejudice for failure to prosecute.
Recommendation
The deadline passed without the required filing. The opinion states that Burgess had taken no action in the case since filing his petition. Under Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute or failure to comply with court rules or orders, Magistrate Judge Leo I. Brisbois recommended that the action be dismissed without prejudice for failure to prosecute.
Procedural Status
This document is a report and recommendation, not an order or judgment of the District Court. The notice states that it is not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. A party could file specific written objections within 14 days after being served with the report and recommendation, and a response to objections could be filed within 14 days after service of the objections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.