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D. Minn.Procedural orderFiled Sept. 19, 2022

Hodson v. United States of America, The

Judge
Katherine Menendez
Docket
0:22-cv-01862
Court
U.S. District Court · District of Minnesota
Pages
2
Civil Procedure
In one sentence

In Hodson v. United States, Judge Menendez dismissed the action without prejudice for failure to prosecute after accepting an unobjected-to recommendation.

Who this affects

David Joseph Hodson's action against the United States of America was dismissed without prejudice. The opinion does not state any further effects on the parties.

What happened

Hodson v. United States of America, The involved an action brought by David Joseph Hodson against the United States of America. Magistrate Judge Elizabeth Cowan Wright recommended dismissing the action for failure to prosecute. No objections to that recommendation were filed.

Because there were no objections, the district court reviewed the recommendation for clear error. The court found no error and accepted the recommendation.

Judge Katherine M. Menendez ordered that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hodson v. United States of America, The · No. 0:22-cv-01862
Judge
Katherine Menendez
Date
Sept. 19, 2022

Background

David Joseph Hodson sued the United States of America. United States Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on August 15, 2022, recommending that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because of failure to prosecute. The opinion does not describe the underlying claims or the conduct that led to the recommendation.

Review of the Recommendation

No objections were filed within the permitted time. The district court therefore reviewed the recommendation for clear error rather than conducting a new review of disputed issues. The court stated that it found no error, clear or otherwise.

Ruling

The court accepted the report and recommendation and dismissed the action without prejudice under Rule 41(b) for failure to prosecute. The order directed that judgment be entered. Judge Katherine M. Menendez signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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