Twyman v. Birkholz

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

Kevin Twyman, Case No. 21-cv-1793 (WMW/ECW) Petitioner,

ORDER ADOPTING REPORT AND v. RECOMMENDATION

B. Birkholz and Michael Carvajal,

Respondents.

This matter is before the Court on the September 1, 2021 Report and Recommendation (R&R) of the United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 7.) The R&R recommends dismissing this action without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. Objections to the R&R have not 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 that the September 1, 2021 R&R, (Dkt. 7), is ADOPTED and this action is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 28, 2021 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge