Dixon v. Beltz
- Paul Magnuson
- 0:23-cv-01931
- U.S. District Court · District of Minnesota
- 2
In Dixon v. Beltz, Judge Magnuson dismissed Dixon’s petition without prejudice for failing to prosecute and denied the fee application as moot.
Nikita Dixon’s petition was dismissed without prejudice; the respondents were Tracy Beltz, the Department of Corrections, and Commissioner Paul Schnell.
What happened
In Dixon v. Beltz, Nikita Dixon asked the court for habeas relief. Dixon had not communicated with the court since mid-July and did not respond to an order asking why the petition should not be dismissed for failure to exhaust and untimeliness.
Magistrate Judge David T. Schultz recommended dismissing the petition without prejudice for failure to prosecute. No party objected, so the court reviewed the recommendation for clear error.
Judge Paul A. Magnuson adopted the recommendation, dismissed the petition without prejudice for failure to prosecute, denied Dixon’s application to proceed without prepaying fees or costs as moot, and issued no certificate of appealability.
The detailed version
- Dixon v. Beltz · No. 0:23-cv-01931
- Paul Magnuson
- Nov. 1, 2023
Background
Nikita Dixon filed a petition seeking habeas relief against Tracy Beltz, the Department of Corrections, and Commissioner Paul Schnell. The opinion states that Dixon had not communicated with the court since mid-July. Dixon did not respond to an order to show cause asking why the petition should not be dismissed for failure to exhaust available remedies and as untimely. Dixon also did not respond to the recommendation that the case be dismissed.
Report and Recommendation
United States Magistrate Judge David T. Schultz recommended dismissing Dixon’s petition without prejudice for failure to prosecute. No party objected to the recommendation. Because there were no objections, the district court reviewed it for clear error rather than conducting a fresh review of the disputed issues.
Ruling
The court found no error, clear or otherwise, in the recommendation’s reasoning or proposed dismissal. Judge Paul A. Magnuson adopted the recommendation. The court denied Dixon’s application to proceed in district court without prepaying fees or costs as moot, dismissed the petition without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute, and ordered that no certificate of appealability would issue. The court directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.