Emmerich v. Richardson ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Robert M. Emmerich, File No. 16-cv-795 (ECT/ECW) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Shelby Richardson, CEO of Minnesota Sex Offender Program; Emily Johnson Piper, Commissioner of DHS; and Lori Swanson, Former Attorney General of the State of Minnesota, Respondents. ________________________________________________________________________ Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on November 16, 2022. ECF No. 23. 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. 23] is ACCEPTED; and 2. This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute or, alternatively, due to mootness; and 3. Plaintiff’s Motion for Leave to Proceed in Forma Pauperis [ECF No. 2] is DENIED; and 4. No certificate of appealability be issued. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: December 14, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court