U.S. District Court, District of Minnesota, 2021

Simmons v. Clerk of Appellate Courts

Simmons v. Clerk of Appellate Courts
U.S. District Court, District of Minnesota · Decided May 10, 2021

Simmons v. Clerk of Appellate Courts

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Scott Lawrence Simmons, File No. 21-cv-695 (ECT/KMM) Plaintiff, v. ORDER Clerk of Appellate Courts and Dakota County District Court, Defendants. ________________________________________________________________________ Magistrate Judge Katherine M. Menendez issued a Report and Recommendation on March 22, 2021. ECF No. 3. 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 HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 3] is ACCEPTED; 2. This action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B); and 3. Plaintiff’s application to proceed in forma pauperis [ECF No. 2] is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 10, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Scott Lawrence Simmons, File No. 21-cv-695 (ECT/KMM) Plaintiff, v. ORDER Clerk of Appellate Courts and Dakota County District Court, Defendants. ________________________________________________________________________ Magistrate Judge Katherine M. Menendez issued a Report and Recommendation on March 22, 2021. ECF No. 3. 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 HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 3] is ACCEPTED; 2. This action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B); and 3. Plaintiff’s application to proceed in forma pauperis [ECF No. 2] is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 10, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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