Roy v. Warren
- Jeffrey Bryan
- 0:24-cv-00075
- U.S. District Court · District of Minnesota
- 2
In Roy v. Warren, Judge Bryan dismissed Roy’s case without prejudice for failure to prosecute and denied his fee-waiver application as moot.
Michael Joseph Roy, whose case was dismissed without prejudice and whose application to proceed without prepaying fees or costs was denied as moot.
What happened
Michael Joseph Roy sued Neal Aaron Warren under a federal civil-rights law. In Roy v. Warren, the court considered a recommendation to dismiss the case because Roy had not pursued it.
Roy did not object to the magistrate judge’s recommendation before the deadline. Without objections, the court reviewed the recommendation for clear error and found none.
Judge Jeffrey M. Bryan adopted the recommendation, dismissed the case without prejudice for failure to prosecute, and denied Roy’s application to proceed without prepaying court fees as moot.
The detailed version
- Roy v. Warren · No. 0:24-cv-00075
- Jeffrey M. Bryan
- Mar. 6, 2024
Background
Michael Joseph Roy filed a complaint against Neal Aaron Warren under 42 U.S.C. § 1983. Roy also applied to proceed in the case without prepaying fees or costs.
Report and Recommendation
United States Magistrate Judge John F. Docherty recommended dismissing Roy’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The recommendation also stated that Roy’s application to proceed without prepaying fees or costs should be denied as moot.
Roy did not file objections, and the deadline for doing so had passed. The court therefore reviewed the recommendation for clear error.
Ruling
The court found no clear error and adopted the Report and Recommendation. Judge Jeffrey M. Bryan ordered that the matter be dismissed without prejudice under Rule 41(b) for failure to prosecute. The court also denied Roy’s application to proceed without prepaying fees or costs as moot. The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.