U.S. District Court, District of Minnesota, 2020

Bui v. US Attorney

Bui v. US Attorney
U.S. District Court, District of Minnesota · Decided March 12, 2020

Bui v. US Attorney

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Michael John Bui, File No. 19-cv-2785 (ECT/KMM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION U.S. Attorney, Chad A Blumenfield, U.S. Marshals, Defendants. ________________________________________________________________________ The Court has received the January 23, 2020 Report and Recommendation of United States Magistrate Judge Katherine Menendez. ECF No. 12. No party has objected to that Report and Recommendation, and the Court therefore reviews it 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. 12] is ACCEPTED; 2. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE; 3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED; and 4. Defendants’ Motion to Dismiss [ECF No. 6] is DENIED as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 12, 2020 s/Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Michael John Bui, File No. 19-cv-2785 (ECT/KMM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION U.S. Attorney, Chad A Blumenfield, U.S. Marshals, Defendants. ________________________________________________________________________ The Court has received the January 23, 2020 Report and Recommendation of United States Magistrate Judge Katherine Menendez. ECF No. 12. No party has objected to that Report and Recommendation, and the Court therefore reviews it 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. 12] is ACCEPTED; 2. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE; 3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED; and 4. Defendants’ Motion to Dismiss [ECF No. 6] is DENIED as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 12, 2020 s/Eric C. Tostrud Eric C. Tostrud United States District Court

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