Spottswood v. St. Croix County, WI ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Shawn Clarke Spottswood, Case No. 21-cv-2258 (WMW/LIB) Petitioner, ORDER ADOPTING REPORT AND v. RECOMMENDATION St. Croix County, WI; Interstate Compact Ramsey Co.; and MN Adult Probation, Susan Benson, Respondents. Before the Court is the October 14, 2021 Report and Recommendation (R&R) of then-United States Magistrate Judge Katherine M. Menendez, (Dkt. 3), and Petitioner Shawn Clarke Spottswood’s motion for adequate representation, (Dkt. 5). No objections to the R&R have been filed.1 In the absence of timely objections, this Court reviews an 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 the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The October 14, 2021 R&R, (Dkt. 3), is ADOPTED. 1 The Clerk of Court mailed the R&R to Spottswood’s last known address, and the United States Postal Service returned the mailing as undeliverable. Spottswood has not provided an alternative address. It is a plaintiff’s responsibility to provide updated contact information to ensure the timely receipt of case-related communications. See Passe v. City of New York, No. CV 02-6494, 2009 WL 290464, at *4 (E.D.N.Y. Jan. 5, 2009). The Court declines to postpone its decision until Spottswood updates his contact information. 2. Petitioner Shawn Clarke Spottswood’s petition for a writ of habeas corpus, (Dkt. 1), is DENIED. 3. Petitioner Shawn Clarke Spottswood’s application to proceed in forma pauperis, (Dkt. 2), is DENIED AS MOOT. 4. Petitioner Shawn Clarke Spottswood’s motion for adequate representation, (Dkt. 5), is DENIED AS MOOT. 5. This action is DISMISSED WITHOUT PREJUDICE. 6. No Certificate of Appealability, 28 U.S.C. § 2253(c)(2), will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 7, 2022 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge