Mays v. Sherburne County Jail
- Wilhelmina Wright
- 0:21-cv-02078
- U.S. District Court · District of Minnesota
- 2
In Mays v. Sherburne County Jail, Judge Wright dismissed the case without prejudice for failure to prosecute and denied the plaintiffs’ fee-waiver applications as moot.
The seven named plaintiffs—Otis Mays, Sienemah Gaye, M. Montgomery, Marlon M. Windborn, Tyice Phillips, Justin Lindsey, and Clifton Walker—had their case dismissed without prejudice for failure to prosecute, and their applications to proceed without paying filing fees were denied as moot. The defendant was Sherburne County Jail.
What happened
Otis Mays, Sienemah Gaye, M. Montgomery, Marlon M. Windborn, Tyice Phillips, Justin Lindsey, and Clifton Walker sued Sherburne County Jail. The court considered three magistrate judge recommendations, and no timely objections were filed.
The court reviewed the recommendations for clear error and found none. It adopted all three recommendations and dismissed the case without prejudice under Rule 41(b) because the plaintiffs failed to prosecute it.
The court also denied the plaintiffs’ applications to proceed without paying filing fees as moot. Judge Wilhelmina M. Wright ordered that judgment be entered.
The detailed version
- Mays v. Sherburne County Jail · No. 0:21-cv-02078
- Wilhelmina Wright
- Apr. 21, 2022
Background
The court considered three Reports and Recommendations issued by United States Magistrate Judge Leo I. Brisbois. They were dated November 30, 2021; January 14, 2022; and February 25, 2022. The opinion states that no timely objections were filed.
Court’s review
Because there were no timely objections, the court reviewed the recommendations for clear error, meaning an obvious mistake in the recommendations. The court found no clear error.
Ruling
The court adopted all three Reports and Recommendations. It dismissed the matter without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. A dismissal without prejudice does not bar refiling based solely on that dismissal. The court also denied the plaintiffs’ applications to proceed without paying filing fees as moot, meaning the court considered those applications no longer requiring a ruling. Judge Wilhelmina M. Wright directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.