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

Rodgers v. U.S. Navy

Rodgers v. U.S. Navy
U.S. District Court, District of Minnesota · Decided October 2, 2020
Rodgers v. U.S. Navy

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Herman Westly Rodgers, Jr., File No. 20-cv-306 (ECT/LIB) Plaintiff, v. ORDER U.S. Navy, Defendant. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 14, 2020. ECF No. 6. 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 the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 6] is ACCEPTED; 2. This action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction; and 3. Plaintiff’s application to proceed in forma pauperis [ECF No. 4] is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 2, 2020 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Herman Westly Rodgers, Jr., File No. 20-cv-306 (ECT/LIB) Plaintiff, v. ORDER U.S. Navy, Defendant. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on September 14, 2020. ECF No. 6. 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 the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 6] is ACCEPTED; 2. This action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction; and 3. Plaintiff’s application to proceed in forma pauperis [ECF No. 4] is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 2, 2020 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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