Scully v. Minnesota Department of Corrections
- Wilhelmina Wright
- 0:22-cv-00397
- U.S. District Court · District of Minnesota
- 2
In Scully v. Minnesota Department of Corrections, Judge Wright dismissed the case without prejudice for failure to prosecute and denied two motions as moot.
Mathew Timothy Scully’s case was dismissed without prejudice. His application to proceed without paying filing fees and motion to appoint counsel were denied as moot; the opinion does not state any additional effect on the defendants.
What happened
In Scully v. Minnesota Department of Corrections, the court reviewed a magistrate judge’s report and recommendation because no party filed objections. The court found no clear error.
The court adopted the report and recommendation and dismissed the matter without prejudice because the plaintiff failed to prosecute under Federal Rule of Civil Procedure 41(b). It also denied the plaintiff’s application to proceed without paying filing fees and motion to appoint counsel as moot.
Judge Wilhelmina M. Wright entered the order on July 25, 2022, and directed that judgment be entered.
The detailed version
- Scully v. Minnesota Department of Corrections · No. 0:22-cv-00397
- Wilhelmina Wright
- July 25, 2022
Background
The court considered a March 21, 2022 report and recommendation by United States Magistrate Judge John F. Docherty. No objections were filed. When no timely objections are made, the district court reviews the recommendation for clear error, meaning an obvious mistake.
Rulings
The court found no clear error and adopted the report and recommendation. It dismissed the matter without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. A dismissal without prejudice does not bar refiling solely because of that dismissal.
The court also denied Mathew Timothy Scully’s application to proceed without paying filing fees and his motion to appoint counsel as moot, meaning those motions no longer required a ruling after the case was dismissed. 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.