Edward Winchester, Jerod Peppers, and Adolph Lawrence v. Kim, Education Staff Member Kim; Dylan, Correctional Officer; Jillian Tanaka, Correctional Officer; Kim Fast, Correctional Officer; Hill, Correctional Officer; Roth, Sergeant; Northwest Regional Correctional Center, NWRCC; and Minnesota Department of Corrections, DOC

Summary

The United States District Court for the District of Minnesota accepted a magistrate judge’s Report and Recommendation after no timely objections were filed. The court dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

Holdings

1. When no timely objections are filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error.
2. The action was properly dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

Questions Presented

1. Whether the magistrate judge's Report and Recommendation should be accepted when no timely objections were filed.
2. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed