UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Clifford A. Gooden, III, Case No. 22-cv-2543 (KMM/LIB) Petitioner, v. ORDER Tim Lane et al., Respondents.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated October 21, 2022. No objections have been filed to that R&R in the permitted time period.

In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise.

IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Petitioner’s Application to Proceed in District Court without Prepaying Fees or Costs [ECF No. 2] is DENIED as moot; 3. Petitioner’s Motion to Authorize this Court to Obtain the Original Record in the Ensuing Criminal Case [ECF No. 3] is DENIED as moot; and 4. Petitioner’s Motion to Stay the state court criminal proceedings [ECF No. 4] is DENIED as moot; 5. This matter is DISMISSED without prejudice for lack of subject matter jurisdiction.

Let Judgment Be Entered Accordingly.

Date: March 29, 2023 s/Katherine Menendez Katherine Menendez United States District Judge

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Clifford A. Gooden, III, Case No. 22-cv-2543 (KMM/LIB) Petitioner, v. ORDER Tim Lane et al., Respondents.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated October 21, 2022. No objections have been filed to that R&R in the permitted time period.

In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise.

IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Petitioner’s Application to Proceed in District Court without Prepaying Fees or Costs [ECF No. 2] is DENIED as moot; 3. Petitioner’s Motion to Authorize this Court to Obtain the Original Record in the Ensuing Criminal Case [ECF No. 3] is DENIED as moot; and 4. Petitioner’s Motion to Stay the state court criminal proceedings [ECF No. 4] is DENIED as moot; 5. This matter is DISMISSED without prejudice for lack of subject matter jurisdiction.

Let Judgment Be Entered Accordingly.

Date: March 29, 2023 s/Katherine Menendez Katherine Menendez United States District Judge