Pritchett v. Hatley
Pritchett v. Hatley
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Brandon M. Pritchett, Case No. 22-cv-1852 (KMM/DTS) Plaintiff, v. ORDER Sadie Tyere Hatley, Defendant.
The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz, dated September 22, 2022.
Judge Schultz recommended that the case be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) because Plaintiff Brandon M. Pritchett failed to respond to an Order requiring him to timely provide financial information to support his application to proceed in forma pauperis. [ECF Nos. 3–5]. The R&R noted that not only had the deadline for providing the required financial document passed with no response from Mr. Pritchett, but he “has not communicated with the Court about this case at all since commencing this action.” [ECF No. 5]. The same remains true today. No objections have been filed to the R&R in the time permitted.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Court finds no clear error.
IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Let Judgment be entered accordingly.
Date: November 7, 2022 s/Katherine Menendez Katherine Menendez United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Brandon M. Pritchett, Case No. 22-cv-1852 (KMM/DTS) Plaintiff, v. ORDER Sadie Tyere Hatley, Defendant.
The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz, dated September 22, 2022.
Judge Schultz recommended that the case be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) because Plaintiff Brandon M. Pritchett failed to respond to an Order requiring him to timely provide financial information to support his application to proceed in forma pauperis. [ECF Nos. 3–5]. The R&R noted that not only had the deadline for providing the required financial document passed with no response from Mr. Pritchett, but he “has not communicated with the Court about this case at all since commencing this action.” [ECF No. 5]. The same remains true today. No objections have been filed to the R&R in the time permitted.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Court finds no clear error.
IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Let Judgment be entered accordingly.
Date: November 7, 2022 s/Katherine Menendez Katherine Menendez United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.