Morgan v. Mary T Inc.
- Laura Provinzino
- 0:25-cv-02905
- U.S. District Court · District of Minnesota
- 1
In Morgan v. Mary T Inc., Judge Provinzino dismissed Zoya Morgan's complaint without prejudice for failing to pursue her case.
Plaintiffs whose federal lawsuits are dismissed for failing to actively pursue their cases, and litigants subject to failure-to-prosecute dismissals under Rule 41(b) in the District of Minnesota.
What happened
In Morgan v. Mary T Inc. (Case No. 25-cv-2905), Zoya Morgan filed a complaint against Mary T Inc. in the U.S. District Court for the District of Minnesota. A magistrate judge issued a Report and Recommendation on July 1, 2026, concluding that the case should be dismissed because Morgan failed to prosecute — meaning she did not actively move her case forward as required.
No party objected to the magistrate judge's recommendation within the time allowed by court rules. Because there were no objections, the district court reviewed the recommendation only for obvious or clear error — a lower level of scrutiny than full review.
Judge Laura M. Provinzino found no clear error in the recommendation and adopted it in full. The court dismissed Morgan's complaint without prejudice under Federal Rule of Civil Procedure 41(b), meaning Morgan is not permanently barred from refiling her claim, though this order ends the current case.
The detailed version
- Morgan v. Mary T Inc. · No. 0:25-cv-02905
- Laura M. Provinzino
- July 27, 2026
Background
Plaintiff Zoya Morgan filed a complaint against Defendant Mary T Inc. in the U.S. District Court for the District of Minnesota. The opinion does not describe the underlying substantive claims in the complaint.
Report and Recommendation
On July 1, 2026, United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation (R&R) recommending that the action be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Rule 41(b) allows a court to involuntarily dismiss a case when a plaintiff fails to pursue it diligently. The R&R is docketed at ECF No. 5.
Standard of Review
Neither party filed objections to the R&R within the period permitted under Federal Rule of Civil Procedure 72(b)(2). When no objections are filed, the district court reviews a magistrate judge's R&R only for clear error — a deferential standard under which the court upholds the recommendation unless it is obviously wrong. The court cited Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996), as the governing authority for this standard.
Ruling
Judge Provinzino found no clear error in the R&R and adopted it in full. The court issued two directives in its order:
1. The R&R (ECF No. 5) is adopted in full. 2. The complaint (ECF No. 1) is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
A dismissal without prejudice means that Morgan is not permanently barred from re-filing her claims, but the current action is terminated. The court also directed that judgment be entered accordingly.
Notes
The opinion does not describe the nature of Morgan's underlying claims, the basis for finding a failure to prosecute, or what steps Morgan failed to take. The court's analysis is limited to confirming the absence of clear error in the magistrate judge's recommendation.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.