Lokken v. Warden Lino Lakes
- Katherine Menendez
- 0:23-cv-02714
- U.S. District Court · District of Minnesota
- 2
In Lokken v. Warden Lino Lakes, Judge Menendez dismissed Shawn Duane Lokken’s matter without prejudice for failure to prosecute.
Shawn Duane Lokken’s matter was dismissed without prejudice; the order also accepted the magistrate judge’s recommendation and directed entry of judgment.
What happened
Lokken v. Warden Lino Lakes involved a recommendation to dismiss Shawn Duane Lokken’s matter because he had not pursued it. The opinion does not describe the underlying claims.
Lokken did not object to the magistrate judge’s recommendation or respond to the defendants’ two motions to dismiss after being ordered to do so, and the response deadline passed. The district court reviewed the recommendation for clear error because no timely objection was filed.
Judge Katherine Menendez found no clear error, accepted the recommendation, and ordered that Lokken’s matter be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also directed that judgment be entered.
The detailed version
- Lokken v. Warden Lino Lakes · No. 0:23-cv-02714
- Katherine Menendez
- June 17, 2024
Background
The court considered an April 23, 2024 Report and Recommendation from United States Magistrate Judge David T. Schultz. The recommendation was to dismiss Shawn Duane Lokken’s matter without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The opinion states that Lokken did not object to the recommendation. It also states that he did not respond to two motions to dismiss filed by the defendants, despite an order directing him to respond, and that the response deadline had passed. The opinion does not identify the claims underlying the matter.
Standard of Review
Because Lokken filed no timely objection, the district court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). Clear-error review asks whether the recommendation contains an obvious mistake.
Ruling
The court found no clear error. It accepted Magistrate Judge Schultz’s April 23, 2024 Report and Recommendation and ordered that Lokken’s matter be dismissed without prejudice for failure to prosecute under Rule 41(b). The court directed that judgment be entered accordingly.
Disposition
The matter was dismissed without prejudice. The order did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.