East Phillips Neighborhood v. City of Minneapolis
- Eric Tostrud
- 0:20-cv-01648
- U.S. District Court · District of Minnesota
- 1
In East Phillips Neighborhood v. City of Minneapolis, Judge Tostrud dismissed the action without prejudice for failure to prosecute and denied plaintiffs’ fee application as moot.
The plaintiffs, East Phillips Neighborhood and Edward Henderson, whose action was dismissed without prejudice and whose application to proceed without prepaying fees or costs was denied as moot.
What happened
East Phillips Neighborhood and Edward Henderson sued the City of Minneapolis. Magistrate Judge Katherine Menendez issued a report and recommendation, and no party objected to it.
Judge Tostrud reviewed the recommendation for clear error, found none, and accepted it. He dismissed the action without prejudice because the plaintiffs failed to prosecute it under Federal Rule of Civil Procedure 41(b), and denied their application to proceed without prepaying fees or costs as moot.
The order was entered by Judge Eric C. Tostrud on December 8, 2020, and directed that judgment be entered.
The detailed version
- East Phillips Neighborhood v. City of Minneapolis · No. 0:20-cv-01648
- Eric Tostrud
- Dec. 8, 2020
Background
Magistrate Judge Katherine Menendez issued a Report and Recommendation on October 20, 2020. The opinion states that no party objected to the recommendation.
Court’s analysis
Because there were no objections, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). Judge Tostrud found no clear error based on the case files, records, and proceedings.
Ruling
The court accepted the Report and Recommendation. It dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). It also denied the plaintiffs’ application to proceed in district court without prepaying fees or costs as moot. The order directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.