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D. Minn.Procedural orderFiled July 27, 2023

Hernandez-Rivera v. Eischen

Judge
Wilhelmina Wright
Docket
0:23-cv-00856
Court
U.S. District Court · District of Minnesota
Pages
1
Civil Procedure
In one sentence

In Hernandez-Rivera v. Eischen, Judge Wright adopted a magistrate judge’s recommendation and dismissed the matter without prejudice.

Who this affects

The matter brought by Rafael Hernandez-Rivera against B. Eischen was dismissed without prejudice. The opinion does not state the underlying claims or explain the dismissal’s basis.

What happened

Hernandez-Rivera v. Eischen concerned a report and recommendation issued by United States Magistrate Judge David T. Schultz. The opinion does not state the underlying basis of the matter or the recommended dismissal.

No objections were filed. The court therefore reviewed the report and recommendation for clear error and found none.

Judge Wilhelmina M. Wright adopted the report and recommendation and dismissed the matter without prejudice, meaning the order did not bar refiling. The court directed that judgment be entered.

The detailed version

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

Case
Hernandez-Rivera v. Eischen · No. 0:23-cv-00856
Judge
Wilhelmina Wright
Date
July 27, 2023

Background

The matter was before the district court on a May 3, 2023 report and recommendation from United States Magistrate Judge David T. Schultz. The opinion does not describe the underlying claims or the reason the report and recommendation recommended dismissal.

Court’s Review

No objections were filed. Under Federal Rule of Civil Procedure 72(b), the court reviewed the report and recommendation for clear error. The court found no clear error after reviewing the report and the case record.

Ruling

Judge Wilhelmina M. Wright adopted the report and recommendation. The court dismissed the matter without prejudice and directed that judgment be entered. The opinion does not specify the basis for the dismissal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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