Newcomb v. Eischen
- Jerry Blackwell
- 0:24-cv-00876
- U.S. District Court · District of Minnesota
- 1
In Newcomb v. Eischen, Judge Blackwell dismissed the case without prejudice for failure to prosecute after finding no clear error in the recommendation.
Justin Newcomb’s case against B. Eischen was dismissed without prejudice for failure to prosecute.
What happened
Justin Newcomb brought this case against B. Eischen. Magistrate Judge Tony N. Leung issued a report and recommendation on April 4, 2024, and no objections were filed.
Because there were no timely objections, the court reviewed the recommendation for clear error and found none. The opinion does not describe the underlying claims.
Judge Jerry W. Blackwell accepted the recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court directed that judgment be entered.
The detailed version
- Newcomb v. Eischen · No. 0:24-cv-00876
- Jerry W. Blackwell
- Apr. 29, 2024
Background
Magistrate Judge Tony N. Leung issued a report and recommendation on April 4, 2024. The opinion states that no objections were filed within the permitted time. It does not explain the underlying claims or the reason for the alleged failure to prosecute.
Court’s review
When no timely objections are filed, the court reviews a magistrate judge’s report and recommendation for clear error. The court reviewed the report and recommendation and found no clear error.
Ruling
Judge Jerry W. Blackwell accepted the April 4, 2024 report and recommendation. The court dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and directed that judgment be entered. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not discuss any other limits on a possible new filing.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.