Swint v. X. Corp.
- Jerry Blackwell
- 0:26-cv-02298
- U.S. District Court · District of Minnesota
- 1
In Swint v. X. Corp., Inc. and SpaceX, Judge Blackwell dismissed the case without prejudice because the plaintiff failed to prosecute it.
Plaintiffs who fail to actively pursue their lawsuits risk dismissal for failure to prosecute. This ruling directly affects Robert James Swint, whose case was dismissed, though without prejudice to refiling.
What happened
In Swint v. X. Corp., Inc. and SpaceX (Case No. 26-2298, District of Minnesota), plaintiff Robert James Swint filed suit against X. Corp., Inc. and SpaceX. A magistrate judge issued a Report and Recommendation on May 20, 2026, and Swint filed no objections within the time allowed.
Because no objections were filed, the court reviewed the Report and Recommendation only for clear error — a less demanding standard than full review. The court found no clear error and accepted the magistrate judge's recommendation.
Judge Jerry W. Blackwell accepted the Report and Recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b), which allows dismissal when a plaintiff fails to move a case forward. Dismissal without prejudice means Swint is not permanently barred from refiling.
The detailed version
- Swint v. X. Corp. · No. 0:26-cv-02298
- Jerry W. Blackwell
- June 23, 2026
Background
Plaintiff Robert James Swint filed suit in the United States District Court for the District of Minnesota against defendants X. Corp., Inc. and SpaceX. The opinion does not describe the underlying claims or causes of action.
Magistrate Judge's Report and Recommendation
United States Magistrate Judge John F. Docherty issued a Report and Recommendation (R&R) on May 20, 2026, recommending dismissal of the case. Swint did not file any objections to the R&R within the time permitted.
Standard of Review
When no timely objections are filed to an R&R, the district court reviews it only for clear error, pursuant to Federal Rule of Civil Procedure 72(b) and Eighth Circuit precedent. See Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). The court found no clear error in the R&R.
Ruling
Judge Blackwell accepted the May 20, 2026 Report and Recommendation and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Rule 41(b) permits a court to dismiss an action when a plaintiff fails to take the steps necessary to move the case forward. A dismissal without prejudice does not permanently bar the plaintiff from refiling. Judgment was ordered to be entered accordingly.
What the Opinion Does Not Address
The opinion does not describe the nature of the underlying claims, the specific conduct that constituted failure to prosecute, or any prior procedural steps taken in the case. The content of the magistrate judge's R&R (Doc. No. 3) is not reproduced in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.