Neal v. Pathways Treatment Facility
- Wilhelmina Wright
- 0:22-cv-00757
- U.S. District Court · District of Minnesota
- 2
In Neal v. Pathways Treatment Facility, Judge Wright dismissed the action without prejudice for failure to prosecute and denied the fee-waiver application as moot.
Benjamin Caleb Neal’s action was dismissed without prejudice for failure to prosecute, and his application to proceed without prepaying filing fees was denied as moot. Pathways Treatment Facility was the defendant.
What happened
Benjamin Caleb Neal sued Pathways Treatment Facility. A magistrate judge recommended dismissing the action because Neal failed to prosecute it, meaning he did not move the case forward. No timely objections were filed.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation and dismissed the action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. The court also denied Neal’s application to proceed without prepaying filing fees as moot.
Judge Wilhelmina M. Wright entered the order on July 12, 2022. The dismissal was without prejudice, and the order directed that judgment be entered.
The detailed version
- Neal v. Pathways Treatment Facility · No. 0:22-cv-00757
- Wilhelmina Wright
- July 12, 2022
Background
Benjamin Caleb Neal brought this action against Pathways Treatment Facility. United States Magistrate Judge Elizabeth Cowan Wright issued a May 24, 2022 Report and Recommendation recommending dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The opinion states that no timely objections were filed.
Court’s Review
Because no timely objections were filed, the district court reviewed the Report and Recommendation for clear error, meaning an obvious mistake in the recommendation. The court reviewed the recommendation and found no clear error.
Ruling
The court adopted the May 24, 2022 Report and Recommendation. It dismissed the matter without prejudice under Rule 41(b) for failure to prosecute. It also denied Neal’s application to proceed in forma pauperis—meaning to proceed without prepaying filing fees—as moot. The court directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.