Terrell v. Birkholz
- Eric Tostrud
- 0:21-cv-01808
- U.S. District Court · District of Minnesota
- 1
In Terrell v. Birkholz, Judge Tostrud accepted the recommendation and dismissed Terrell’s complaint without prejudice for failure to prosecute.
Michael Terrell, Jr.’s complaint was dismissed without prejudice for failure to prosecute. The order also accepted the magistrate judge’s Report and Recommendation and directed entry of judgment; the opinion does not describe the underlying claims.
What happened
Terrell v. Birkholz involved a complaint by Michael Terrell, Jr. against B. Birkholz and Michael Carvajal. A magistrate judge issued a recommendation on September 1, 2021.
Neither side objected, so the district court reviewed the recommendation only for clear error and found none.
Judge Eric C. Tostrud accepted the recommendation and dismissed the complaint without prejudice under Rule 41(b) because the plaintiff failed to prosecute. The court directed that judgment be entered.
The detailed version
- Terrell v. Birkholz · No. 0:21-cv-01808
- Eric Tostrud
- Oct. 18, 2021
Background
Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 1, 2021. The opinion does not describe the claims in Michael Terrell, Jr.’s complaint.
Review by the District Court
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed Terrell’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the order did not state that refiling was barred. The court also ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.