Daywitt v. Minnesota Department of Human Services ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kenneth Daywitt, Justin Newman, Andrew File No. 22-cv-7 (ECT/JFD) Day, and Jacob Flom, Plaintiffs, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Minnesota Department of Human Services and Richard McHugh, MSOP Moose Lake Polygraph examiner, in his individual and Official Capacity, Defendants. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on February 8, 2022. ECF No. 6. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 6] is ACCEPTED; 2. Plaintiff’s Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction; and 3. Each individual Plaintiff’s application to proceed in forma pauperis in this action [ECF Nos. 2, 3, 4, 5], is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: March 8, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court