Saffore v. United States of America
- Eric Tostrud
- 0:21-cv-02578
- U.S. District Court · District of Minnesota
- 1
In Saffore v. United States, Judge Tostrud dismissed the action without prejudice for failure to prosecute after accepting an unchallenged recommendation.
Banita B. Saffore’s action against the United States of America, the Federal Bureau of Prisons, and Rivera Laboy Trucking Company was dismissed without prejudice.
What happened
In Saffore v. United States of America, Magistrate Judge John F. Docherty issued a report and recommendation on February 10, 2022. No party objected.
The court reviewed the recommendation for clear error, meaning an obvious mistake, and found none.
Judge Eric C. Tostrud accepted the recommendation and dismissed Banita B. Saffore’s action without prejudice for failure to prosecute, allowing the action to be brought again.
The detailed version
- Saffore v. United States of America · No. 0:21-cv-02578
- Eric Tostrud
- Mar. 10, 2022
Background Magistrate Judge John F. Docherty issued a Report and Recommendation on February 10, 2022. The opinion states that no party objected to it.
Court’s Review Because no party objected, 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 ordered that the Report and Recommendation be accepted. He dismissed Plaintiff Banita B. Saffore’s action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The order also directed that judgment be entered accordingly.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.