U.S. District Court, District of Minnesota, 2022

Hicks v. Smith

Hicks v. Smith
U.S. District Court, District of Minnesota · Decided January 4, 2022
Hicks v. Smith

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Hicks, File No. 21-cv-1957 (ECT/DTS) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Daniel Isaac Smith and Endurance Broadcasting, Defendants. ________________________________________________________________________ Magistrate Judge David T. Schultz issued a Report and Recommendation on December 17, 2021. ECF No. 10. 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 ORDERED THAT: 1. The Report and Recommendation [ECF No. 10] is ACCEPTED; 2. Plaintiff’s Motion for Agency Stay [ECF No. 3] is DENIED as moot; and 3. Plaintiff’s action is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 4, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Hicks, File No. 21-cv-1957 (ECT/DTS) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Daniel Isaac Smith and Endurance Broadcasting, Defendants. ________________________________________________________________________ Magistrate Judge David T. Schultz issued a Report and Recommendation on December 17, 2021. ECF No. 10. 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 ORDERED THAT: 1. The Report and Recommendation [ECF No. 10] is ACCEPTED; 2. Plaintiff’s Motion for Agency Stay [ECF No. 3] is DENIED as moot; and 3. Plaintiff’s action is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 4, 2022 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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