MacDermott v. Federal Bureau of Prisons ( 2024 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Troy Nicholas MacDermott, Case No. 24-CV-01984 (JMB/DTS) Plaintiff, AMENDED ORDER ON REPORT v. AND RECOMMENDATION Federal Bureau of Prisons, BOP, Collette S. Peters, Director, BOP, in her official capacity, Defendants. This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz dated June 25, 2024. (Doc. No. 11.) Neither party has objected to the R&R, and the time to do so has now passed. See D. Minn. L.R. 72.2(b)(1). In the absence of timely objections, the Court reviews the 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). Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 11) is ADOPTED; 2. Plaintiff’s Motion to Certify Class, (Doc. No. 4), is DENIED WITHOUT PREJUDICE as premature; and 3. Plaintiff’s Motion to Appoint Class Counsel, (Doc. No. 6), is DENIED WITHOUT PREJUDICE as premature. Dated: July 19, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court