Filiatrault v. United States
- Jeffrey Bryan
- 0:24-cv-00396
- U.S. District Court · District of Minnesota
- 2
In Filiatrault v. United States, Judge Bryan dismissed the matter without prejudice for failure to prosecute after adopting an unobjected-to recommendation.
Evan Gerald Filiatrault's matter was dismissed without prejudice. The United States of America was the respondent.
What happened
Filiatrault v. United States involved a recommendation that the matter be dismissed because Evan Gerald Filiatrault had failed to prosecute it. The recommendation was issued by United States Magistrate Judge Douglas L. Micko.
Filiatrault did not object to the recommendation, and the deadline for objections had passed. The court therefore reviewed the recommendation for clear error and found none.
Judge Jeffrey M. Bryan adopted the recommendation and dismissed the matter without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The court directed that judgment be entered.
The detailed version
- Filiatrault v. United States · No. 0:24-cv-00396
- Jeffrey M. Bryan
- May 10, 2024
Background
The matter was before the court on a Report and Recommendation issued by United States Magistrate Judge Douglas L. Micko on April 15, 2024. The recommendation was to dismiss the matter without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute.
Review of the Recommendation
Evan Gerald Filiatrault did not file objections to the Report and Recommendation, and the time for doing so had passed. Because there were no timely objections, the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error.
Ruling
Judge Jeffrey M. Bryan adopted the Report and Recommendation. The matter was dismissed without prejudice under Rule 41(b) for failure to prosecute, and 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.