Braun v. State of Minnesota
- Eric Tostrud
- 0:22-cv-00528
- U.S. District Court · District of Minnesota
- 1
In Braun v. State of Minnesota, Judge Tostrud dismissed the action without prejudice for failure to prosecute after accepting an unchallenged recommendation.
Nathan Christopher Braun's action against the State of Minnesota, County of Washington, City of Bayport, Minnesota Department of Corrections, Guy Bosch, Victor Wanchena, CPD Huppert, L. McCoy, and MCF-STW was dismissed without prejudice.
What happened
In Braun v. State of Minnesota, Magistrate Judge Dulce J. Foster recommended dismissing the action because the plaintiff failed to prosecute it. No party objected to that recommendation.
The district court reviewed the recommendation for clear error and found none. It accepted the recommendation and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Judge Eric C. Tostrud entered the order on February 1, 2023, and directed that judgment be entered. The order does not explain the specific conduct underlying the failure-to-prosecute finding.
The detailed version
- Braun v. State of Minnesota · No. 0:22-cv-00528
- Eric Tostrud
- Feb. 1, 2023
Background
Nathan Christopher Braun sued the State of Minnesota, County of Washington, City of Bayport, the Minnesota Department of Corrections, and several individuals and entities listed in the caption. Magistrate Judge Dulce J. Foster issued a Report and Recommendation on January 17, 2023.
Court's review
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error.
Ruling
The court accepted the Report and Recommendation and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the order itself does not bar refiling, although the opinion does not discuss any other requirements or limitations that might apply. The court directed that judgment be entered. The opinion does not provide further details about the conduct that led to the failure-to-prosecute dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.