U.S. District Court, District of Minnesota, 2019

Dukart v. Department of Education

Dukart v. Department of Education
U.S. District Court, District of Minnesota · Decided April 23, 2019

Dukart v. Department of Education

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Innocent M. Dukart, Case No. 18-cv-3413 (WMW/TNL) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Department of Education, Defendant.

This matter is before the Court on the March 15, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 5.) 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 March 15, 2019 R&R, (Dkt. 5), is ADOPTED.

2. Plaintiff’s complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

3. Plaintiff’s application to proceed in district court without prepaying fees or costs, (Dkt. 2), is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: April 23, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Innocent M. Dukart, Case No. 18-cv-3413 (WMW/TNL) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Department of Education, Defendant.

This matter is before the Court on the March 15, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 5.) 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 March 15, 2019 R&R, (Dkt. 5), is ADOPTED.

2. Plaintiff’s complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

3. Plaintiff’s application to proceed in district court without prepaying fees or costs, (Dkt. 2), is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: April 23, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge

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