Bielen v. Rochester Police Dept. ( 2019 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kathleen A. Bielen, Case No. 19-cv-0872 (WMW/HB) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Rochester Police Dept., et al. Defendants. This matter is before the Court on the October 28, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkt. 35.) Because no objection to the R&R has been filed, the Court reviews the 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, the foregoing analysis, and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. The October 28, 2019 R&R, (Dkt. 35), is ADOPTED. 2. The matter is DISMISSED WITHOUT PREJUDICE for failure to prosecute. 3. The Defendants’ motions to dismiss, (Dkts. 7, 13), are DENIED AS MOOT.1 1 In light of the Court’s ruling on the October 28, 2019 R&R, the August 22, 2019 R&R, (Dkt. 31), also is moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: December 10, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge