Ontiveros v. Ontiveros
- Wilhelmina Wright
- 0:18-cv-01916
- U.S. District Court · District of Minnesota
- 2
In Ontiveros v. Ontiveros, Judge Wright dismissed Tito Freddy Ontiveros’s case without prejudice for failing to prosecute.
Tito Freddy Ontiveros’s case was dismissed without prejudice for failure to prosecute.
What happened
In Ontiveros v. Ontiveros, a magistrate judge recommended dismissing Tito Freddy Ontiveros’s case without prejudice because he failed to prosecute it.
No objections to the recommendation were filed on time, so the court reviewed it for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed the case without prejudice, ordering that judgment be entered.
The detailed version
- Ontiveros v. Ontiveros · No. 0:18-cv-01916
- Wilhelmina Wright
- Sept. 21, 2018
Background
A United States magistrate judge issued a report and recommendation on August 17, 2018, recommending that Plaintiff Tito Freddy Ontiveros’s case be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion does not describe the underlying claims or explain the conduct constituting the alleged failure to prosecute.
Court’s Review
No timely objections to the report and recommendation were filed. When objections are not filed, the court reviews the recommendation for clear error, meaning an obvious mistake on the face of the record. The court reviewed the recommendation and found no clear error.
Ruling
Judge Wilhelmina M. Wright adopted the August 17, 2018 report and recommendation. The court dismissed Tito Freddy Ontiveros’s case without prejudice and ordered that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.