Reynolds v. County Court of Ottertail County
- Eric Tostrud
- 0:20-cv-02259
- U.S. District Court · District of Minnesota
- 1
In Reynolds v. County Court of Ottertail County, Judge Tostrud dismissed the action without prejudice for failure to prosecute.
The dismissal ended David W. Reynolds’s action against County Court of Ottertail County, but the dismissal was without prejudice.
What happened
David W. Reynolds sued County Court of Ottertail County in federal court.
A magistrate judge recommended dismissing the action without prejudice because Reynolds failed to prosecute it. No party objected to that recommendation, so the court reviewed it for clear error.
Judge Eric C. Tostrud found no clear error, accepted the recommendation, and dismissed the action without prejudice under Rule 41(b) for failure to prosecute.
The detailed version
- Reynolds v. County Court of Ottertail County · No. 0:20-cv-02259
- Eric Tostrud
- May 3, 2021
Background
David W. Reynolds brought this action against County Court of Ottertail County. Magistrate Judge David T. Schultz issued a Report and Recommendation on April 2, 2021, recommending that the action be dismissed without prejudice for failure to prosecute.
Court’s Review
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error. The court stated that it found no clear error based on the case files, records, and proceedings.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation and ordered that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.