UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Sean McNerthney, File No. 21-cv-2028 (ECT/ECW) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Ramsey County, Defendant. ________________________________________________________________________ Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on October 20, 2021. ECF No. 7. 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. 7] is ACCEPTED; 2. Plaintiff’s action is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute; and 3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees [ECF No. 3] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: November 29, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court