Tillman:El v. U.S. Bank National Association

Background

Plaintiff Delaneo-Nathaniel Tillman:El filed suit in the U.S. District Court for the District of Minnesota against U.S. Bank National Association, Kayak Properties, Inc., and five unnamed defendants (John Doe 1–5). The opinion does not describe the substance of Tillman:El's underlying claims.

Procedural History

On January 6, 2026, United States Magistrate Judge Elizabeth Cowan Wright issued an order directing Tillman:El to file proof of service — documentation showing that he had properly delivered the Amended Complaint to each defendant — within twenty days. Tillman:El did not comply. On February 3, 2026, Magistrate Judge Wright issued a Report and Recommendation (R&R) advising that the case be dismissed for failure to prosecute under the applicable rules governing a plaintiff's obligation to actively advance his case.

Neither Tillman:El nor any defendant filed objections to the R&R within the time permitted by District of Minnesota Local Rule 72.2(b)(1).

Standard of Review

When no timely objections are filed to a magistrate judge's R&R, the district court reviews the R&R only for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Clear error is a deferential standard that requires an obvious mistake before the court will deviate from the magistrate judge's recommendation.

Ruling

Judge Bryan found no clear error in the R&R and adopted it in full. The court dismissed the action without prejudice. A dismissal without prejudice means the plaintiff is not permanently foreclosed from bringing these claims again; he may refile, subject to applicable rules and statutes of limitations.

Key Takeaway

The dismissal rests entirely on a procedural ground — Tillman:El's failure to serve defendants and to comply with a court order — and the court did not address the merits of any underlying legal claim.