Otis Mays v. Bernard Holmes, et al.

Summary

The United States District Court for the District of Minnesota adopted a magistrate judge's Report and Recommendation recommending dismissal for failure to prosecute. The case was dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because the plaintiff did not object and failed to prosecute the matter.

Holdings

1. When a party does not object to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error and may adopt it if no clear error is found.
2. The action may be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

Questions Presented

1. Whether the district court should adopt an unobjected-to Report and Recommendation recommending dismissal for failure to prosecute.
2. Whether dismissal without prejudice was appropriate under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed