Durell v. Kensy
- Eric Tostrud
- 0:23-cv-02067
- U.S. District Court · District of Minnesota
- 1
In Durell v. Kensy, Judge Tostrud dismissed the action without prejudice for failure to prosecute and denied the fee-waiver application as moot.
Dan E. Durell’s action was dismissed without prejudice; the defendants named in the action were Matt Kensy, Johnson, and DeRungs.
What happened
In Durell v. Kensy, Dan E. Durell sued Matt Kensy, Johnson, and DeRungs. The opinion does not describe the underlying claims.
A magistrate judge recommended dismissing the action, and no party objected. The court found no clear error in that recommendation.
Judge Eric C. Tostrud accepted the recommendation, dismissed the action without prejudice for failure to prosecute, and denied Durell’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Durell v. Kensy · No. 0:23-cv-02067
- Eric Tostrud
- Sept. 14, 2023
Background
Dan E. Durell sued Matt Kensy, Johnson, and DeRungs. The opinion does not explain the claims or the events underlying the lawsuit. Magistrate Judge Douglas L. Micko issued a Report and Recommendation on August 17, 2023.
Court’s Review
No party objected to the Report and Recommendation. Because there were no objections, the district court reviewed it for clear error, meaning an obvious mistake in the recommendation. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the order did not state that refiling was barred. The court also denied Durell’s application to proceed in district court without prepaying fees or costs as moot, meaning the court considered that application no longer necessary to decide after dismissing the action. The court ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.