Smith v. Eischen
- Katherine Menendez
- 0:23-cv-01674
- U.S. District Court · District of Minnesota
- 2
In Darrell D. Smith v. B. Eischen, Judge Menendez dismissed the action without prejudice for failure to prosecute.
Darrell D. Smith’s action against B. Eischen was dismissed without prejudice for failure to prosecute.
What happened
Darrell D. Smith v. B. Eischen concerned a report and recommendation from Magistrate Judge John F. Docherty. No objections were filed within the permitted time.
Because there were no objections, the court reviewed the recommendation for clear error. It found no error in the recommendation or the record.
Judge Katherine M. Menendez ordered the action dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute, and directed that judgment be entered.
The detailed version
- Smith v. Eischen · No. 0:23-cv-01674
- Katherine Menendez
- Aug. 11, 2023
Background
The matter came before the District of Minnesota on a report and recommendation dated July 5, 2023, from United States Magistrate Judge John F. Docherty. The opinion states that no objections to the report and recommendation were filed within the permitted time.
Court’s Analysis
When no specific objections are filed, the court reviews a magistrate judge’s report and recommendation for clear error. The court reviewed the report and recommendation and the record and found no error, “clear or otherwise.”
Ruling
The court ordered that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also ordered that judgment be entered. Judge Katherine M. Menendez signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.