Hubbard v. Schnell
- Jerry Blackwell
- 0:23-cv-02381
- U.S. District Court · District of Minnesota
- 2
In Hubbard v. Schnell, Judge Blackwell accepted the recommendation and dismissed the case without prejudice because Hubbard failed to prosecute it.
Eddie Nile Hubbard’s case was dismissed without prejudice; the listed defendants were no longer required to proceed in this action under the order.
What happened
In Hubbard v. Schnell, the court reviewed a magistrate judge’s recommendation after no party filed a timely objection. The recommendation concerned the case’s handling, not the underlying claims.
The court found no clear error in the recommendation and accepted it. It dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Judge Jerry W. Blackwell issued the October 25, 2023 order and directed that judgment be entered. The opinion does not describe the underlying claims or the specific conduct that led to the failure-to-prosecute dismissal.
The detailed version
- Hubbard v. Schnell · No. 0:23-cv-02381
- Jerry W. Blackwell
- Oct. 25, 2023
Background
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on September 29, 2023. The opinion states that no objections were filed within the permitted time.
Review of the Recommendation
Because no timely objections were filed, the district court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court reviewed the recommendation and found no clear error.
Ruling
The court accepted the September 29, 2023 Report and Recommendation. It dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and ordered that judgment be entered. The opinion does not state the underlying claims or explain the conduct constituting the failure to prosecute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.