Oberhauser v. Garland
- Katherine Menendez
- 0:22-cv-02697
- U.S. District Court · District of Minnesota
- 2
In Oberhauser v. Garland, Judge Menendez dismissed the case without prejudice for failure to prosecute after accepting an unobjected-to recommendation.
The plaintiffs, Daniel Jonathan Oberhauser and the other named plaintiffs, and the defendants, Merrick Garland and the other named defendants, were affected by the dismissal of the matter without prejudice.
What happened
Oberhauser v. Garland concerned an order reviewing a magistrate judge’s recommendation in a case brought by Daniel Jonathan Oberhauser and other plaintiffs against Merrick Garland and other defendants.
No party filed objections to the recommendation. The court therefore reviewed it for clear error and found no error, accepting the recommendation in full.
Judge Katherine M. Menendez ordered that the matter be dismissed without prejudice for failure to prosecute and directed that judgment be entered.
The detailed version
- Oberhauser v. Garland · No. 0:22-cv-02697
- Katherine Menendez
- May 13, 2024
Background
The matter came before the district court on the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright, dated March 25, 2024. The opinion states that no objections were filed within the permitted period.
Court’s Review
Because no objections were filed, the court reviewed the Report and Recommendation for clear error rather than conducting a new review of the disputed issues. After reviewing the recommendation and the record, the court found no error, clear or otherwise, and accepted the recommendation in full.
Disposition
Judge Katherine M. Menendez ordered that the matter be dismissed without prejudice for failure to prosecute. The court also directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.