U.S. District Court, District of Minnesota, 2023

Jones v. Ellison

Jones v. Ellison
U.S. District Court, District of Minnesota · Decided February 23, 2023

Jones v. Ellison

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Chester V. Jones, Case No. 22-cv-2144 (WMW/JFD) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Keith Ellison, Respondent.

This matter is before the Court on the January 18, 2023 Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty. (Dkt. 25.)

The R&R recommends that Petitioner Chester V. Jones’s Amended Petition for a Writ of Habeas Corpus be dismissed without prejudice for failure to prosecute under Rule 41(b), Fed. R. Civ. P. No objections to the R&R have been filed and the time to do so has elapsed. In the absence of timely objections, this Court reviews a R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.

Based on the R&R and all the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. The January 18, 2023 R&R, (Dkt. 25), is ADOPTED.

2. Petitioner Chester V. Jones’s amended petition, (Dkt. 18), is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Chester V. Jones, Case No. 22-cv-2144 (WMW/JFD) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Keith Ellison, Respondent.

This matter is before the Court on the January 18, 2023 Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty. (Dkt. 25.)

The R&R recommends that Petitioner Chester V. Jones’s Amended Petition for a Writ of Habeas Corpus be dismissed without prejudice for failure to prosecute under Rule 41(b), Fed. R. Civ. P. No objections to the R&R have been filed and the time to do so has elapsed. In the absence of timely objections, this Court reviews a R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.

Based on the R&R and all the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. The January 18, 2023 R&R, (Dkt. 25), is ADOPTED.

2. Petitioner Chester V. Jones’s amended petition, (Dkt. 18), is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.