Durell v. Kensy
Durell v. Kensy
Trial Court Opinion
UNITDEISDT SRTIACTT EOSF D MISINTRNIECSTO CTOAU RT
Dan E. Durell, File No. 23-cv-2067 (ECT/DLM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Matt Kensy, Johnson, and DeRungs, Custodial Maintenance Services Manager, each being sued in his individual capacity while acting in his official capacity, Defendants. ________________________________________________________________________ Magistrate Judge Douglas L. Micko issued a Report and Recommendation on August 17, 2023. ECF No. 5. 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. 5] is ACCEPTED; 2. The action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute; and 3. Plaintiff’s application to proceed in District Court without prepaying fees or costs [ECF No. 2] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: September 14, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITDEISDT SRTIACTT EOSF D MISINTRNIECSTO CTOAU RT
Dan E. Durell, File No. 23-cv-2067 (ECT/DLM) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Matt Kensy, Johnson, and DeRungs, Custodial Maintenance Services Manager, each being sued in his individual capacity while acting in his official capacity, Defendants. ________________________________________________________________________ Magistrate Judge Douglas L. Micko issued a Report and Recommendation on August 17, 2023. ECF No. 5. 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. 5] is ACCEPTED; 2. The action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute; and 3. Plaintiff’s application to proceed in District Court without prepaying fees or costs [ECF No. 2] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: September 14, 2023 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.