Wong v. Piper
- Wilhelmina Wright
- 0:17-cv-00704
- U.S. District Court · District of Minnesota
- 2
In Wong v. Piper, Judge Wright dismissed Wong’s complaint without prejudice for failure to prosecute and denied defendants’ motion to dismiss as moot.
Matthew Wong’s complaint was dismissed without prejudice; the defendants’ motion to dismiss was denied as moot.
What happened
In Matthew Wong v. Emily Johnson Piper et al., the court considered a magistrate judge’s recommendation to dismiss Wong’s complaint because he had not pursued the case.
No one objected to the recommendation. The court therefore reviewed it for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation, dismissed Wong’s complaint without prejudice, and denied the defendants’ motion to dismiss as moot.
The detailed version
- Wong v. Piper · No. 0:17-cv-00704
- Wilhelmina Wright
- Apr. 10, 2019
Background
Magistrate Judge David T. Schultz issued a January 22, 2019 Report and Recommendation. It recommended dismissing Matthew Wong’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Failure to prosecute means not moving the case forward. The recommendation also advised denying the defendants’ motion to dismiss as moot, meaning the motion no longer required a ruling because of the recommended dismissal.
Court’s Review
No party filed objections to the Report and Recommendation. When no timely objection is filed, the district court reviews the recommendation for clear error—an obvious mistake in the record. After reviewing the recommendation and the case materials, the court found no clear error.
Ruling
Judge Wilhelmina M. Wright adopted the Report and Recommendation. The court dismissed Wong’s complaint without prejudice, meaning the dismissal did not bar refiling based on the court’s stated disposition. The court also denied the defendants’ motion to dismiss as moot. The order directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.