Burgess v. United States
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Albert C. Burgess, Jr., Case No. 24-CV-02676 (JMB/LIB) Petitioner,
v. ORDER United States of America, Respondent.
This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois dated October 8, 2024. (Doc. No. 4.) The R&R recommends that Burgess’s petition for writ of habeas corpus be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). (See id.) Neither party objected to the R&R. See D. Minn. L.R. 72.2(b)(1). In the absence of timely objections, the Court reviews the 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).
Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 4) is ADOPTED.
2. The Court dismisses this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 14, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Albert C. Burgess, Jr., Case No. 24-CV-02676 (JMB/LIB) Petitioner,
v. ORDER United States of America, Respondent.
This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois dated October 8, 2024. (Doc. No. 4.) The R&R recommends that Burgess’s petition for writ of habeas corpus be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). (See id.) Neither party objected to the R&R. See D. Minn. L.R. 72.2(b)(1). In the absence of timely objections, the Court reviews the 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).
Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 4) is ADOPTED.
2. The Court dismisses this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 14, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.