Smith v. Eischen ( 2023 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Darrell D. Smith, Case No. 23-CV-1674 (KMM/JFD) Petitioner, v. ORDER B. Eischen, Respondent. The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty dated July 5, 2023. 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, 563 F. Supp. 3d 946, 949 (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 the Court’s careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise. IT IS HEREBY ORDERED that this action be DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Let Judgment Be Entered Accordingly. Date: August 11, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge