McClendon v. United States of America
- Katherine Menendez
- 0:22-cv-03006
- U.S. District Court · District of Minnesota
- 2
In McClendon v. United States of America, Judge Menendez dismissed the action without prejudice for failure to prosecute.
The dismissal ended Douglas McClendon’s action against the listed respondents, but because it was without prejudice, the opinion does not state that refiling is barred.
What happened
In McClendon v. United States of America, a magistrate judge recommended dismissing Douglas McClendon’s action because he had not pursued it. No one 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 Rule 41(b) for failure to prosecute.
Judge Katherine M. Menendez ordered the dismissal on March 22, 2023, and directed the Clerk of Court to mail the order to McClendon.
The detailed version
- McClendon v. United States of America · No. 0:22-cv-03006
- Katherine Menendez
- Mar. 22, 2023
Background
Douglas McClendon brought an action against the United States of America and the other listed respondents. The opinion does not describe the underlying claims. United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation dated January 3, 2022, recommending that the action be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. No objections were filed.
Court’s Analysis
Because no objections were filed, the district court reviewed the Report and Recommendation for clear error. The court reviewed the recommendation and the record and found no error.
Ruling
Judge Katherine M. Menendez accepted the Report and Recommendation and dismissed the action without prejudice for failure to prosecute. The order directed the Clerk of Court to mail a copy to McClendon at the address listed in the order. The court also directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.