McNerthney v. Ramsey County
- Eric Tostrud
- 0:21-cv-02028
- U.S. District Court · District of Minnesota
- 1
In McNerthney v. Ramsey County, Judge Tostrud accepted a recommendation, dismissed the action without prejudice for failure to prosecute, and denied the fee application as moot.
Sean McNerthney’s action was dismissed without prejudice, and his application to proceed without prepaying court fees was denied as moot.
What happened
In McNerthney v. Ramsey County, Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on October 20, 2021. No party objected to it.
The court found no clear error, accepted the recommendation, and dismissed Sean McNerthney’s action without prejudice because he failed to prosecute it. The court also denied his application to proceed without prepaying court fees as moot, meaning the application no longer mattered after the dismissal.
Judge Eric C. Tostrud entered the order on November 29, 2021, and directed that judgment be entered.
The detailed version
- McNerthney v. Ramsey County · No. 0:21-cv-02028
- Eric Tostrud
- Nov. 29, 2021
Background
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on October 20, 2021. The opinion states that no party objected. Under the applicable procedure, the district court therefore reviewed the recommendation for clear error.
Ruling
Judge Tostrud found no clear error and accepted the Report and Recommendation. The court ordered that Sean McNerthney’s action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. A dismissal without prejudice does not bar refiling based solely on that dismissal, although the opinion does not address whether any other limitation would apply.
The court also denied McNerthney’s application to proceed in district court without prepaying fees as moot. The court directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.