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D. Minn.Procedural orderFiled Jan. 18, 2023

Gorski v. Matevousian

Judge
Katherine Menendez
Docket
0:22-cv-02123
Court
U.S. District Court · District of Minnesota
Pages
2
Civil Procedure
In one sentence

In Gorski v. Matevousian, Judge Menendez dismissed the action without prejudice because Gorski failed to prosecute it.

Who this affects

Krissy Ann Gorski’s action against Andrew Matevousian and the other defendants was dismissed without prejudice.

What happened

In Gorski v. Matevousian, the court considered a magistrate judge’s recommendation after Krissy Ann Gorski did not file objections and had not communicated with the court for several months.

Because no objections were filed, the court reviewed the recommendation for clear error. It found no error and dismissed the action without prejudice for failure to prosecute.

Judge Katherine M. Menendez signed the January 18, 2023 order and directed that judgment be entered. The dismissal did not bar refiling because it was without prejudice.

The detailed version

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

Case
Gorski v. Matevousian · No. 0:22-cv-02123
Judge
Katherine Menendez
Date
Jan. 18, 2023

Background

Krissy Ann Gorski brought this action against Andrew Matevousian and other defendants. The matter came before the court on a report and recommendation issued by United States Magistrate Judge Elizabeth Cowan Wright on November 15, 2022.

Review of the Recommendation

No objections to the report and recommendation were filed within the permitted time. The court also noted that Gorski had not communicated with the court for several months. When no specific objections are filed, the court reviews the recommendation for clear error, meaning an obvious mistake. After reviewing the recommendation and the record, the court found no error, clear or otherwise.

Ruling

Judge Katherine M. Menendez ordered that the action be dismissed without prejudice for failure to prosecute. The court also directed that judgment be entered. The opinion did not decide the underlying merits of Gorski’s claims.

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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