Grace v. Birkholz
- Paul Magnuson
- 0:21-cv-01684
- U.S. District Court · District of Minnesota
- 2
In Grace v. Birkholz, Judge Magnuson adopted the recommendation and dismissed Grace’s habeas petition without prejudice for failure to prosecute.
James Grace’s petition was dismissed without prejudice; the opinion does not state further effects on the respondents.
What happened
In Grace v. Birkholz, James Grace filed a petition seeking habeas relief against B. Birkholz and Michael Carvajal. A magistrate judge recommended dismissing the petition because Grace had not prosecuted it.
No party objected to the recommendation, and the deadline for objections passed. The court therefore reviewed the recommendation for clear error and found none.
Judge Paul A. Magnuson adopted the recommendation and dismissed the petition without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court ordered judgment to be entered.
The detailed version
- Grace v. Birkholz · No. 0:21-cv-01684
- Paul Magnuson
- Sept. 21, 2021
Background
James Grace filed a petition for habeas-corpus relief against B. Birkholz and Michael Carvajal. The matter came before the district court on a Report and Recommendation issued by United States Magistrate Judge John F. Docherty on August 23, 2021.
Recommendation and Review
The magistrate judge recommended that Grace’s petition be dismissed without prejudice for failure to prosecute. No party objected, and the time for filing objections had expired. Because there were no objections, the district court reviewed the Report and Recommendation for clear error rather than conducting a full new review. The court found no error, clear or otherwise, in the magistrate judge’s reasoning.
Disposition
Judge Paul A. Magnuson adopted the Report and Recommendation. The court dismissed Grace’s petition without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and ordered judgment to be entered. The order did not decide the underlying habeas issues.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.