Burks v. MN Disability Law Center
- Wilhelmina Wright
- 0:19-cv-01448
- U.S. District Court · District of Minnesota
- 2
In Burks v. MN Disability Law Center, Judge Wright dismissed Burks’s complaint without prejudice for failure to prosecute, including failure to pay the filing fee.
Robert Burks’s complaint was dismissed without prejudice; MN Disability Law Center was the defendant.
What happened
In Burks v. MN Disability Law Center, the court considered a recommendation to dismiss Robert Burks’s complaint because he had not prosecuted the case, including by failing to pay the filing fee.
Burks did not object to the recommendation within the permitted time. The court reviewed it for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Burks’s complaint without prejudice, meaning the dismissal did not bar refiling.
The detailed version
- Burks v. MN Disability Law Center · No. 0:19-cv-01448
- Wilhelmina Wright
- Nov. 15, 2019
Background
United States Magistrate Judge David T. Schultz issued an October 4, 2019 Report and Recommendation recommending dismissal of Robert Burks’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The recommendation identified Burks’s failure to pay the filing fee as part of the basis for dismissal.
Review of the Recommendation
Burks did not file objections within the permitted period. Because there were no timely objections, the court reviewed the recommendation for clear error on the face of the record. The court found no clear error and adopted the recommendation.
Disposition
The court adopted the October 4, 2019 Report and Recommendation and dismissed Burks’s complaint without prejudice. The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.