Twyman v. Birkholz
- Wilhelmina Wright
- 0:21-cv-01793
- U.S. District Court · District of Minnesota
- 1
In Twyman v. Birkholz, Judge Wright dismissed the action without prejudice for failure to prosecute after adopting an unopposed recommendation.
Kevin Twyman's action was dismissed without prejudice for failure to prosecute. The respondents were B. Birkholz and Michael Carvajal.
What happened
Kevin Twyman brought this action against B. Birkholz and Michael Carvajal. The magistrate judge recommended dismissing it because Twyman had failed to prosecute the case.
No one objected to the recommendation. The court therefore reviewed it for clear error and found none.
In Twyman v. Birkholz, Judge Wilhelmina M. Wright adopted the recommendation and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court directed that judgment be entered.
The detailed version
- Twyman v. Birkholz · No. 0:21-cv-01793
- Wilhelmina Wright
- Sept. 28, 2021
Background
Kevin Twyman was the petitioner, and B. Birkholz and Michael Carvajal were the respondents. The opinion does not describe the underlying claims.
Report and recommendation
United States Magistrate Judge Elizabeth Cowan Wright issued a September 1, 2021 report and recommendation recommending that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. No objections were filed.
Court’s review and ruling
Because no timely objections were filed, Judge Wilhelmina M. Wright reviewed the recommendation for clear error. The court found no clear error, adopted the report and recommendation, and dismissed the action without prejudice under Rule 41(b) for failure to prosecute. The court also directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.