UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Eric Smith, Case No. 23-CV-2196 (JMB/LIB) Plaintiff, ORDER ON REPORT AND v. RECOMMENDATION City of Duluth, et al., Defendants. This matter is before the court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois dated February 21, 2024. (Doc. No. 7.) The R&R recommends that Plaintiff Eric Smith’s Complaint under 42 U.S.C. § 1983 (Doc. No. 1) be dismissed without prejudice under Rule 41(b) for failure to prosecute. (See Doc. No. 7.) Smith did not file any objections 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. 7) is ADOPTED; 2. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April X, 2024 /s/XXXXXXX Judge Jeffrey M. Bryan United States District Court