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D. Minn.Procedural orderFiled July 9, 2020

Blue v. Renville County

Judge
Wilhelmina Wright
Docket
0:19-cv-03171
Court
U.S. District Court · District of Minnesota
Pages
2
Civil Procedure
In one sentence

Blue v. Renville County: Judge Wright dismissed Alex Blue’s action without prejudice for failing to prosecute and denied his fee-waiver application as moot.

Who this affects

Alex Blue’s lawsuit was dismissed without prejudice, and his application to proceed without prepaying fees or costs was denied as moot. Renville County and the other defendants were affected by the dismissal.

What happened

In Blue v. Renville County, a magistrate judge recommended dismissing Alex Blue’s complaint because he failed to pursue the case and comply with a January 8, 2020 court order. The recommendation also advised denying Blue’s request to proceed without paying court fees because the request was no longer relevant.

Blue did not object to the recommendation within the allowed time. The court therefore checked the record for a clear error and found none.

Judge Wilhelmina M. Wright adopted the recommendation, dismissed the action without prejudice, and denied Blue’s application to proceed without prepaying fees or costs as moot.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Blue v. Renville County · No. 0:19-cv-03171
Judge
Wilhelmina Wright
Date
July 9, 2020

Background

Alex Blue sued Renville County and other defendants. United States Magistrate Judge Leo I. Brisbois recommended dismissing Blue’s complaint for failure to prosecute, meaning failure to move the case forward, and for failure to comply with a January 8, 2020 court order. The recommendation also advised denying as moot Blue’s application to proceed without prepaying fees or costs.

Court’s review

Blue did not file objections to the recommendation within the permitted period. Without timely objections, the district court reviewed the recommendation for clear error on the face of the record. Judge Wilhelmina M. Wright found no clear error and adopted the recommendation.

Disposition

The court ordered that the March 24, 2020 Report and Recommendation be adopted. It dismissed the action without prejudice and denied Blue’s application to proceed without prepaying fees or costs as moot. The order directed that judgment be entered.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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