Sievers v. Rardin
- Katherine Menendez
- 0:22-cv-02367
- U.S. District Court · District of Minnesota
- 2
In Sievers v. Rardin, Judge Menendez dismissed the matter without prejudice for failure to prosecute and exhaust administrative remedies.
The dismissal affected Patrick Joseph Sievers's matter against Jarid Rardin. The court dismissed it without prejudice, so the order did not bar refiling on its face.
What happened
Patrick Joseph Sievers brought this matter against Jarid Rardin in the District of Minnesota.
A magistrate judge recommended dismissal because Sievers had not pursued the litigation and had not exhausted administrative remedies. No one objected to that recommendation, and the court noted that Sievers had not participated since his initial filings.
Judge Katherine Menendez reviewed the recommendation for clear error, found none, accepted it, and dismissed the matter without prejudice under Rule 41(b) for failure to prosecute and failure to exhaust administrative remedies.
The detailed version
- Sievers v. Rardin · No. 0:22-cv-02367
- Katherine Menendez
- Mar. 29, 2023
Background
Patrick Joseph Sievers was the petitioner, and Jarid Rardin was the respondent. The opinion does not describe the underlying claims or identify the type of proceeding beyond referring to it as the “above matter.”
Report and Recommendation
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on November 22, 2022. She recommended dismissing the matter for two reasons: failure to prosecute, meaning failure to move the case forward, and failure to exhaust administrative remedies. The court stated that Sievers had not filed objections and had not participated in the litigation since his initial filings in September of the prior year.
Court’s Analysis
Because no objections were filed, the court reviewed the Report and Recommendation for clear error. Judge Menendez stated that, after reviewing the recommendation and the record, she found no error, clear or otherwise.
Disposition
The court accepted the Report and Recommendation and dismissed the matter without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to exhaust administrative remedies. The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.