Dixon v. Beltz
Dixon v. Beltz
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Nikita Dixon, Civ. No. 23-1931 (PAM/DTS) Petitioner, v. MEMORANDUM AND ORDER
Tracy Beltz, Department of Corrections, and Commissioner Paul Schnell, Respondents.
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge David T. Schultz dated October 12, 2023. (Docket No. 8.)
The R&R recommends that Petitioner Nikita Dixon’s Petition for habeas-corpus relief be dismissed without prejudice for failure to prosecute. No party objected to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). Petitioner has not communicated with the Court since mid-July, did not respond to an Order to Show Cause why the Petition should not be dismissed for failure to exhaust and as untimely, and did not respond to the R&R’s recommendation that the matter be dismissed. The Court thus finds no error, clear or otherwise, in the R&R’s reasoning or dismissal recommendation.
Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 8) is ADOPTED; 2. Petitioner’s Application to Proceed in District Court without Prepaying Fees or Costs (Docket No. 5) is DENIED as moot; 3. The Petition (Docket No. 1) is DISMISSED without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute; and 4. No Certificate of Appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 1, 2023 s/Paul A. Magnuson Paul A. Magnuson United States District Court Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Nikita Dixon, Civ. No. 23-1931 (PAM/DTS) Petitioner, v. MEMORANDUM AND ORDER
Tracy Beltz, Department of Corrections, and Commissioner Paul Schnell, Respondents.
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge David T. Schultz dated October 12, 2023. (Docket No. 8.)
The R&R recommends that Petitioner Nikita Dixon’s Petition for habeas-corpus relief be dismissed without prejudice for failure to prosecute. No party objected to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). Petitioner has not communicated with the Court since mid-July, did not respond to an Order to Show Cause why the Petition should not be dismissed for failure to exhaust and as untimely, and did not respond to the R&R’s recommendation that the matter be dismissed. The Court thus finds no error, clear or otherwise, in the R&R’s reasoning or dismissal recommendation.
Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 8) is ADOPTED; 2. Petitioner’s Application to Proceed in District Court without Prepaying Fees or Costs (Docket No. 5) is DENIED as moot; 3. The Petition (Docket No. 1) is DISMISSED without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute; and 4. No Certificate of Appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 1, 2023 s/Paul A. Magnuson Paul A. Magnuson United States District Court Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.