Garcia v. Eischen
- Jerry Blackwell
- 0:23-cv-00261
- U.S. District Court · District of Minnesota
- 2
In Garcia v. Eischen, Judge Blackwell accepted the recommendation and dismissed the case without prejudice for failure to serve and prosecute.
The dismissal affected Sergio Garcia's case against Warden B. Eischen, K. Winger, J. Kozulla, and Mrs. Flinckler. The dismissal was without prejudice.
What happened
Sergio Garcia sued Warden B. Eischen and three other defendants. Magistrate Judge Elizabeth Cowan Wright recommended dismissing the case, and no one filed objections within the allowed time.
Because there were no timely objections, the court reviewed the recommendation for clear error and found none. The opinion does not describe the underlying claims.
Judge Jerry W. Blackwell accepted the recommendation and dismissed the case without prejudice under Rules 4(m) and 41(b) for failure to serve the defendants and failure to prosecute.
The detailed version
- Garcia v. Eischen · No. 0:23-cv-00261
- Jerry W. Blackwell
- Oct. 25, 2023
Background
Sergio Garcia brought this case against Warden B. Eischen, K. Winger, J. Kozulla, and Mrs. Flinckler. The opinion does not describe the claims underlying the case.
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on October 4, 2023. No objections were filed within the permitted time.
Court’s review
Because no timely objections were filed, the district court reviewed the recommendation for clear error, meaning an obvious mistake. The court found no clear error in the recommendation.
Ruling
Judge Jerry W. Blackwell accepted the Report and Recommendation. The court dismissed the case without prejudice under Federal Rule of Civil Procedure 4(m) for failure to serve and Rule 41(b) for failure to prosecute. 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.