Lindsey v. Birkholz ( 2021 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Christopher Lindsey, File No. 21-cv-1757 (ECT/DTS) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION B. Birkholz and Michael Carvajal, Defendants. ________________________________________________________________________ Magistrate Judge David T. Schultz issued a Report and Recommendation on September 2, 2021. ECF No. 6. 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. 6] is ACCEPTED; and 2. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 18, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court