Fiorito v. Fikes ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael Fiorito, Case No. 22-cv-0512 (WMW/TNL) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION Warden Fikes, Respondent. Before the Court is the May 23, 2022 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 30.) No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The May 23, 2022 R&R, (Dkt. 30), is ADOPTED. 2. Petitioner Michael Fiorito’s motion for an emergency preliminary injunction or temporary restraining order, (Dkt. 11), is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: June 23, 2022 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge