Lindsey v. Birkholz
- Eric Tostrud
- 0:21-cv-01757
- U.S. District Court · District of Minnesota
- 1
In Lindsey v. Birkholz, Judge Tostrud dismissed Lindsey’s complaint without prejudice for failure to prosecute after accepting an unobjected recommendation.
Christopher Lindsey’s complaint was dismissed without prejudice; the order also affected defendants B. Birkholz and Michael Carvajal by ending this case at the district-court level.
What happened
In Lindsey v. Birkholz, the court reviewed a magistrate judge’s recommendation to dismiss Christopher Lindsey’s complaint. No party objected to the recommendation.
The court found no clear error and accepted the recommendation. It dismissed Lindsey’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Judge Tostrud entered the order on October 18, 2021, and directed that judgment be entered. The order does not address the underlying claims.
The detailed version
- Lindsey v. Birkholz · No. 0:21-cv-01757
- Eric Tostrud
- Oct. 18, 2021
Background
Christopher Lindsey sued B. Birkholz and Michael Carvajal. Magistrate Judge David T. Schultz issued a Report and Recommendation on September 2, 2021. The opinion states that no party objected to that recommendation.
Court’s Review
Because there were no objections, the district court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed Lindsey’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and ordered that judgment be entered. The order does not decide the merits of Lindsey’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.