Filiatrault v. United States

U.S. District Court, District of Minnesota

Filiatrault v. United States

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Evan Gerald Filiatrault,           Case No. 24-CV-396 (JMB/DLM)          

               Petitioner,                                               


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


United States of America,                                                

               Respondent.                                               


    This matter is before the court on the Report and Recommendation (R&R) of United 
States Magistrate Judge Douglas L. Micko dated April 15, 2024.  (Doc. No. 4.)  The R&R 
recommends that this matter be dismissed without prejudice under Rule 41(b) of the 
Federal Rules of Civil Procedure for failure to prosecute.  (See Doc. No. 4.)  Petitioner 
Evan Gerald Filiatrault did not file any objections to the R&R, and the time to do so has 
now passed.  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.  This matter is DISMISSED WITHOUT PREJUDICE under Rule 41(b) of 
         the Federal Rules of Civil Procedure for failure to prosecute.  

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: May 10, 2024                     /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Evan Gerald Filiatrault,           Case No. 24-CV-396 (JMB/DLM)          

               Petitioner,                                               


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


United States of America,                                                

               Respondent.                                               


    This matter is before the court on the Report and Recommendation (R&R) of United 
States Magistrate Judge Douglas L. Micko dated April 15, 2024.  (Doc. No. 4.)  The R&R 
recommends that this matter be dismissed without prejudice under Rule 41(b) of the 
Federal Rules of Civil Procedure for failure to prosecute.  (See Doc. No. 4.)  Petitioner 
Evan Gerald Filiatrault did not file any objections to the R&R, and the time to do so has 
now passed.  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.  This matter is DISMISSED WITHOUT PREJUDICE under Rule 41(b) of 
         the Federal Rules of Civil Procedure for failure to prosecute.  

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: May 10, 2024                     /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Reference

Status
Unknown