Shumpert v. Minnesota Department of Corrections
- Katherine Menendez
- 0:25-cv-00239
- U.S. District Court · District of Minnesota
- 2
In Shumpert v. Minnesota Department of Corrections, Judge Menendez dismissed the case without prejudice for failure to prosecute and denied the fee application as moot.
Danny Shumpert Jr.’s case was dismissed without prejudice because he failed to prosecute it. His application to proceed without prepaying fees or costs was denied as moot. The Minnesota Department of Corrections and Paul Schnell were defendants.
What happened
Danny Shumpert Jr. sued the Minnesota Department of Corrections and Paul Schnell. The opinion states that Shumpert filed his complaint on January 21, 2025, but had not communicated with the court since then.
A magistrate judge recommended dismissing the case without prejudice because Shumpert failed to prosecute. No objections were filed, so the court reviewed the recommendation for clear error and found none.
Judge Katherine M. Menendez accepted the recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also denied Shumpert’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Shumpert v. Minnesota Department of Corrections · No. 0:25-cv-00239
- Katherine Menendez
- May 29, 2025
Background
Danny Shumpert Jr. filed a complaint against the Minnesota Department of Corrections and Paul Schnell on January 21, 2025. The opinion does not describe the underlying claims.
Report and Recommendation
United States Magistrate Judge Douglas L. Micko issued a Report and Recommendation dated February 24, 2025. He recommended dismissing the matter without prejudice for failure to prosecute. The court stated that Shumpert had not communicated with it since filing the complaint and had not filed objections within the permitted period.
Court’s Review
When no objections are filed, the court reviews a magistrate judge’s recommendation for clear error. Judge Menendez reviewed the recommendation and the record and found no error, clear or otherwise. She accepted the recommendation in full.
Ruling
The court dismissed the matter without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. It also denied as moot Shumpert’s application to proceed in district court without prepaying fees or costs. The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.