Colvin v. Ellison
- Eric Tostrud
- 0:19-cv-02479
- U.S. District Court · District of Minnesota
- 1
In Colvin v. Ellison, Judge Tostrud dismissed Colvin’s complaint without prejudice for failure to prosecute and denied her fee-waiver application as moot.
Brenda Calloway Colvin’s complaint was dismissed without prejudice for failure to prosecute, and her application to proceed without prepaying fees was denied as moot. The order accepted the magistrate judge’s recommendation and did not decide the underlying claims against the defendants.
What happened
In Colvin v. Ellison, the court reviewed a magistrate judge’s recommendation after no party objected. The review was limited to checking for clear error.
The court found no clear error and accepted the recommendation. It dismissed Brenda Calloway Colvin’s complaint without prejudice because she failed to prosecute the case.
The court also denied Colvin’s application to proceed without prepaying court fees as moot. Judge Eric C. Tostrud signed the January 13, 2020 order.
The detailed version
- Colvin v. Ellison · No. 0:19-cv-02479
- Eric Tostrud
- Jan. 13, 2020
Background
The court received United States Magistrate Judge Becky R. Thorson’s December 12, 2019 Report and Recommendation. No party objected. Under the applicable procedure, the court therefore reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
The court found no clear error and accepted the Report and Recommendation. It dismissed Brenda Calloway Colvin’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. A dismissal without prejudice does not permanently bar refiling the dismissed claims, although the order did not address any specific refiling requirements.
The court also denied Colvin’s application to proceed in district court without prepaying fees as moot, meaning the court considered that application no longer requiring a ruling after dismissing the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.