Wilson v. Minnesota, State of
- Jerry Blackwell
- 0:23-cv-02197
- U.S. District Court · District of Minnesota
- 2
In Wilson v. Minnesota, State of, Judge Blackwell accepted an unchallenged recommendation and dismissed the case without prejudice for failure to prosecute.
The plaintiffs, Malcolm Jacob Wilson and M.J.W., minor child, were affected because their case was dismissed without prejudice. The defendants were not subjected to a merits determination in this order.
What happened
In Wilson v. Minnesota, State of, Magistrate Judge Leo I. Brisbois issued a recommendation on October 16, 2023. No party filed a timely objection.
The court reviewed the recommendation for clear error and found none. It accepted the recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Judge Jerry W. Blackwell entered the order on November 14, 2023. The order does not describe the underlying claims or explain the alleged failure to prosecute.
The detailed version
- Wilson v. Minnesota, State of · No. 0:23-cv-02197
- Jerry W. Blackwell
- Nov. 14, 2023
Background
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on October 16, 2023. The opinion states that no objections were filed within the permitted time.
Court’s Review
Because no timely objections were filed, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error.
Ruling
The court accepted the Report and Recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the order does not state that refiling is barred. The opinion does not describe the underlying claims or provide additional details about the failure to prosecute. Judge Jerry W. Blackwell signed the order and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.