Jones v. Ellison
- Wilhelmina Wright
- 0:22-cv-02144
- U.S. District Court · District of Minnesota
- 2
In Jones v. Ellison, Judge Wright adopted the recommendation and dismissed Jones’s amended habeas petition without prejudice for failure to prosecute.
Chester V. Jones’s amended petition was dismissed without prejudice; the opinion does not decide the merits of his habeas claims.
What happened
In Jones v. Ellison, the court considered a recommendation to dismiss Chester V. Jones’s amended petition seeking habeas relief because he failed to prosecute the case.
No one objected to the magistrate judge’s recommendation before the deadline. The court therefore reviewed it for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and dismissed Jones’s amended petition without prejudice for failure to prosecute. The court directed that judgment be entered.
The detailed version
- Jones v. Ellison · No. 0:22-cv-02144
- Wilhelmina Wright
- Feb. 23, 2023
Background
The court reviewed a January 18, 2023 Report and Recommendation from United States Magistrate Judge John F. Docherty. The recommendation was to dismiss Chester V. Jones’s amended petition for a writ of habeas corpus under Federal Rule of Civil Procedure 41(b) because of failure to prosecute.
Review of the Recommendation
No objections to the Report and Recommendation were filed, and the objection period had expired. Because there were no timely objections, the district court reviewed the recommendation for clear error. The court stated that it found no clear error after reviewing the recommendation and the case record.
Disposition
Judge Wilhelmina M. Wright adopted the January 18, 2023 Report and Recommendation. The court dismissed Jones’s amended petition without prejudice for failure to prosecute and directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.