Holmes v. Centurion of Minnesota
- Eric Tostrud
- 0:23-cv-02971
- U.S. District Court · District of Minnesota
- 1
In Holmes v. Centurion of Minnesota, Judge Tostrud dismissed the action without prejudice for failure to prosecute after accepting an unobjected-to recommendation.
The plaintiff’s action against the named defendants was dismissed without prejudice for failure to prosecute.
What happened
Holmes v. Centurion of Minnesota was dismissed after no party objected to a magistrate judge’s recommendation.
The court reviewed the recommendation for clear error and found none. It accepted the recommendation and dismissed the action without prejudice under Rule 41(b) for failure to prosecute.
Judge Eric C. Tostrud entered the order on January 5, 2024, and directed that judgment be entered.
The detailed version
- Holmes v. Centurion of Minnesota · No. 0:23-cv-02971
- Eric Tostrud
- Jan. 5, 2024
Background
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on December 5, 2023. The opinion does not describe the underlying claims or explain the specific conduct that led to the failure-to-prosecute finding.
Review of the Recommendation
No party objected to the Report and Recommendation. Under Federal Rule of Civil Procedure 72(b), the court therefore reviewed it for clear error, meaning an obvious mistake. The court found no clear error.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The action was dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.