Liu v. Duke
- Wilhelmina Wright
- 0:17-cv-05144
- U.S. District Court · District of Minnesota
- 1
In Liu v. Duke, Judge Wright adopted the magistrate judge’s recommendation, granted the dismissal motion, and dismissed Liu’s complaint.
Xing Liu, Elaine Duke, and Jeff Sessions.
What happened
In Liu v. Duke, the court reviewed a magistrate judge’s report and recommendation because no party objected. The court used a clear-error review, which asks whether the recommendation contains an obvious mistake.
The court found no clear error and adopted the report and recommendation. It granted the defendants’ motion to dismiss and dismissed Xing Liu’s complaint.
Judge Wilhelmina M. Wright ordered that judgment be entered. The opinion does not state the reasons for dismissal or whether the dismissal allows the complaint to be filed again.
The detailed version
- Liu v. Duke · No. 0:17-cv-05144
- Wilhelmina Wright
- Aug. 31, 2018
Background
The court considered the July 12, 2018 report and recommendation prepared by United States Magistrate Judge Tony N. Leung. No objections had been filed.
Court’s analysis
Because there were no objections, the court reviewed the report and recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court stated that it had reviewed the report and recommendation and found no clear error.
Ruling
The court adopted the report and recommendation, granted the defendants’ motion to dismiss, and dismissed Xing Liu’s complaint. The court ordered that judgment be entered accordingly. The opinion does not explain the grounds for dismissal or state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.