East Phillips Neighborhood v. City of Minneapolis ( 2020 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA East Phillips Neighborhood and File No. 20-cv-1648 (ECT/KMM) Edward Henderson, Plaintiffs, ORDER ACCEPTING REPORT v. AND RECOMMENDATION City of Minneapolis, Defendant. ________________________________________________________________________ Magistrate Judge Katherine Menendez issued a Report and Recommendation on October 20, 2020. ECF No. 4. 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. 4] is ACCEPTED; 2. This action is DISMISSED WITHOUT PREJUDICE for failure to prosecute under Federal Rule of Civil Procedure 41(b); and 3. Plaintiffs’ Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: December 8, 2020 s/ Eric C. Tostrud Eric C. Tostrud