Emmanuel D.T. v. ICE
- Eric Tostrud
- 0:24-cv-03677
- U.S. District Court · District of Minnesota
- 1
In Emmanuel D.T. v. ICE, Judge Tostrud dismissed the action without prejudice for failure to prosecute after accepting an unopposed recommendation.
Emmanuel D.T.'s action was dismissed without prejudice for failure to prosecute. The respondents were affected by the dismissal of the action against them.
What happened
Emmanuel D.T. v. ICE concerned an action brought by Emmanuel D.T. against ICE, ERO, Garland, the St. Paul Field Office, and DHS. The opinion does not describe the underlying claims.
Magistrate Judge John F. Docherty had issued a report and recommendation on December 20, 2024. No party objected, so the court reviewed the recommendation for clear error and found none.
Judge Eric C. Tostrud accepted the report and recommendation and ordered that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Judgment was ordered entered accordingly.
The detailed version
- Emmanuel D.T. v. ICE · No. 0:24-cv-03677
- Eric Tostrud
- Jan. 21, 2025
Background
Emmanuel D.T. was the petitioner, and ICE, ERO, Garland, the St. Paul Field Office, and DHS were the respondents. The opinion does not describe the claims or the underlying dispute.
Report and Recommendation
Magistrate Judge John F. Docherty issued a Report and Recommendation on December 20, 2024. No party objected to it. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error. The court found no clear error based on the case records and proceedings.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and ordered entry of judgment. “Without prejudice” means the order does not state that refiling is barred. The opinion does not provide additional details about the failure to prosecute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.