Day v. Deanae
- Eric Tostrud
- 0:25-cv-00759
- U.S. District Court · District of Minnesota
- 1
In Day v. Deanae, Judge Tostrud dismissed the action without prejudice after no party challenged a recommendation that it be dismissed for failure to prosecute.
Keleta R. Day and Travis Robinson’s action was dismissed without prejudice. Deanae, Dundae W. (Dunnve), and Deadae were the named defendants.
What happened
Keleta R. Day and Travis Robinson sued Deanae, Dundae W. (Dunnve), and Deadae in Day v. Deanae. The opinion does not describe the underlying claims.
Magistrate Judge John F. Docherty issued a Report and Recommendation recommending how the case should be resolved. No party objected, so the district court reviewed it for clear error and found none.
Judge Eric C. Tostrud accepted the Report and Recommendation and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court directed that judgment be entered.
The detailed version
- Day v. Deanae · No. 0:25-cv-00759
- Eric Tostrud
- Apr. 15, 2025
Background
The opinion does not describe the plaintiffs’ underlying claims or the events leading to the lawsuit. The named plaintiffs are Keleta R. Day and Travis Robinson. The named defendants are Deanae, Dundae W. (Dunnve), and Deadae.
Report and Recommendation
Magistrate Judge John F. Docherty issued a Report and Recommendation on March 31, 2025. A Report and Recommendation is a magistrate judge’s proposed resolution of a matter for review by the district judge. No party objected to the document.
Because there were no objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake in the recommendation. The court found no clear error. The opinion’s footnote states that although the document was titled “Order,” Judge Docherty clearly intended it to be a Report and Recommendation.
Ruling
Judge Eric C. Tostrud ordered that the Report and Recommendation be accepted. He also ordered that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The order directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.