Davis v. Eischen
- Katherine Menendez
- 0:25-cv-01670
- U.S. District Court · District of Minnesota
- 2
In Davis v. Eischen, Judge Katherine Menendez dismissed without prejudice the petition filed by Ronald Glen Davis after he failed to respond or take action in his case, adopting the Magistrate Judge's recommendation.
Ronald Glen Davis, a federal prisoner who had been transferred to FPC-Yankton, whose petition was dismissed without prejudice for failure to prosecute.
What happened
In Davis v. Eischen (Case No. 25-cv-1670), Ronald Glen Davis filed a petition in federal court in Minnesota against B. Eischen. Magistrate Judge Douglas L. Micko issued a Report and Recommendation on May 27, 2025, recommending that the case be dismissed because Davis had not taken the steps needed to move his case forward — a failure known legally as failure to prosecute. The court also noted that Davis had been transferred to a new federal facility (FPC-Yankton) and may not have received the recommendation, so the court mailed it to his new address on June 25, 2025.
Davis did not file any objections to the Magistrate Judge's recommendation, even after the court sent it to his updated address. When no objections are filed, the district court reviews a Magistrate Judge's recommendation only for obvious or clear errors.
Judge Katherine Menendez reviewed the recommendation, found no clear error, and accepted it. The petition filed by Ronald Glen Davis was dismissed without prejudice under Federal Rule of Civil Procedure 41(b), meaning the dismissal does not permanently bar Davis from refiling, though any refiling would be subject to applicable rules and deadlines.
The detailed version
This case involves a petition filed by Ronald Glen Davis (Petitioner) against B. Eischen (Respondent) in the United States District Court for the District of Minnesota. The nature of the underlying petition is not described in the order beyond it being docketed at ECF No. 1.
On May 27, 2025, United States Magistrate Judge Douglas L. Micko issued a Report and Recommendation (R&R) recommending dismissal of Davis's petition without prejudice pursuant to Federal Rule of Civil Procedure 41(b), which authorizes dismissal when a plaintiff or petitioner fails to prosecute (i.e., fails to take the procedural steps necessary to move a case forward).
Before acting on the R&R, the district court checked the Bureau of Prisons (BOP) website and determined that Davis had been transferred to FPC-Yankton, suggesting he likely had not received the R&R at his prior address. The court mailed the R&R to Davis's new address on June 25, 2025, giving him an opportunity to object. Davis did not file any objections, and the deadline to do so passed.
In the absence of timely objections, the standard of review for an R&R is 'clear error.' See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Judge Katherine Menendez reviewed the R&R under that standard, found no clear error, and accepted the Magistrate Judge's recommendation.
The court ordered: (1) Magistrate Judge Micko's May 27, 2025 R&R is ACCEPTED; and (2) Davis's Petition is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute. A dismissal without prejudice generally means the petitioner is not permanently barred from refiling, but any future filing would be subject to applicable procedural rules, statutes of limitations, and other requirements. The order was signed by United States District Judge Katherine Menendez on August 12, 2025.
Reviewer note from the AI+
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.