Henderson v. Department of Correction ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Mike C. Henderson, Case No. 22-cv-345 (KMM/LIB) Plaintiff, v. Katle Mack; C/O Martin; T. Hamerrick; ORDER Kim Ebeling Sletten; Dradder, Property Room; and Minnesota Department of Correction, All Agencies That Are Involved in Torts (Unknown), Defendants. The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated May 13, 2022. The R&R recommends dismissing this action without prejudice pursuant to 28 U.S.C. § 1915A(b), denying Plaintiff’s applications to proceed in forma pauperis and other motions, and requiring Plaintiff to pay the unpaid balance of the statutory filing fee. No objections have been filed to that R&R in the time period permitted. The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, Case No. 19-cv-2384 (WMW/DTS), 2021 WL 4444813, at *1 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on a careful review of the R&R and the record in this case, this Court finds that the Magistrate Judge committed no error, clear or otherwise. Accordingly, IT IS HEREBY ORDERED THAT: 1. The R&R [Docket No. 16] is ACCEPTED; 2. This matter is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b); 3. Plaintiff’s applications to proceed in forma pauperis, [Docket Nos. 2, 10] are DENIED; 4. Plaintiff’s motion for evidence of consent, [Docket No. 3], is DENIED; 5. Plaintiff’s motion to dismiss, [Docket No. 11], is DENIED; 6. Plaintiff’s motion to exonerate torts, [Docket No. 12], is DENIED; and 7. Plaintiff shall pay the unpaid balance of the statutory filing fee for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the authorities at the institution where Plaintiff is confined. Let Judgment Be Entered Accordingly. Date: July 7, 2022 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge