Opinion
20-cv-1464 (WMW/DTS)
03-02-2022
ORDER ADOPTING REPORT AND RECOMMENDATION
WILHELMINA M. WRIGHT UNITED STATES DISTRICT JUDGE
Before the Court is the January 13, 2022 Report and Recommendation (R&R) of United States Magistrate Judge David T. Schultz. (Dkt. 38.) No objections to the R&R have been filed. 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 and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The January 13, 2022 R&R, (Dkt. 38), is ADOPTED.
2. Plaintiff Thomas Evenstad's complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE for failure to prosecute. 1
3. Defendants' motion to dismiss, (Dkt. 26), is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY. 2