Doe v. City of West Richland
Jane Doe v. City of West Richland, The; Brent Gerry; Selena Smathers; Steven Crown; Stacy Ryan; and Brooke Connor Ehr
- Jeffrey Bryan
- 0:26-cv-00803
- U.S. District Court · District of Minnesota
- 1
In Jane Doe v. City of West Richland, The, et al., Judge Jeffrey M. Bryan dismissed the case without prejudice — meaning it could potentially be refiled — because the plaintiff failed to prosecute (move forward with) her lawsuit.
Plaintiff Jane Doe, whose lawsuit has been closed without a ruling on the merits, though she retains the ability to refile. The named defendants — the City of West Richland and individuals Brent Gerry, Selena Smathers, Steven Crown, Stacy Ryan, and Brooke Connor Ehr — have the case against them dismissed, at least for now.
What happened
In Jane Doe v. City of West Richland, The; Brent Gerry; Selena Smathers; Steven Crown; Stacy Ryan; and Brooke Connor Ehr (Case No. 26-CV-00803), a plaintiff identified only as Jane Doe filed a federal lawsuit against the City of West Richland and five named individuals. The case stalled, and a U.S. Magistrate Judge issued a Report and Recommendation suggesting the case be thrown out because the plaintiff failed to prosecute — meaning she did not take the necessary steps to move her case forward.
Magistrate Judge David T. Schultz issued that Report and Recommendation, which was filed as Document No. 3. Neither the plaintiff nor the defendants objected to the recommendation within the required time period. Because no one objected, the presiding judge was only required to review the recommendation for clear, obvious errors.
Judge Jeffrey M. Bryan found no clear error in the Magistrate Judge's recommendation and adopted it in full. As a result, the case was dismissed without prejudice under Federal Rule of Civil Procedure 41(b), which governs dismissals for failure to prosecute. A dismissal without prejudice means the case is closed but does not permanently bar the plaintiff from refiling her claims.
The detailed version
- Doe v. City of West Richland · No. 0:26-cv-00803
- Jeffrey M. Bryan
- Apr. 1, 2026
Background
Plaintiff Jane Doe filed a civil lawsuit in the United States District Court for the District of Minnesota against the City of West Richland and five individual defendants: Brent Gerry, Selena Smathers, Steven Crown, Stacy Ryan, and Brooke Connor Ehr. The opinion does not describe the underlying claims or the nature of the dispute.
Report and Recommendation
United States Magistrate Judge David T. Schultz issued a Report and Recommendation (R&R), filed as Document No. 3, recommending that the action be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Rule 41(b) authorizes a court to dismiss an action involuntarily when a plaintiff fails to prosecute — that is, fails to take the steps necessary to advance the case. The opinion does not detail what specific conduct or inaction by the plaintiff led to the R&R.
No Objections Filed
Neither party filed objections to the R&R within the time permitted under District of Minnesota Local Rule 72.2(b)(1). When no timely objections are filed to a magistrate judge's R&R, the district court applies a "clear error" standard of review, meaning it will only reject the recommendation if there is an obvious mistake. The court cited Federal Rule of Civil Procedure 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) as the authority for this standard.
Ruling
Judge Bryan found no clear error in the R&R and adopted it in full. The court ordered the case dismissed without prejudice for failure to prosecute. A dismissal without prejudice does not permanently bar the plaintiff from reasserting her claims; it closes the current case without a ruling on the merits.
What the Opinion Does Not Address
The opinion does not describe the underlying facts, the nature of the plaintiff's claims, what steps the plaintiff failed to take, or the basis for the original lawsuit. It is solely an order adopting the R&R and closing the case.
Reviewer note from the AI+
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.