Garcia v. Eischen
Garcia v. Eischen
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Sergio Garcia, Civ. No. 23-261 (JWB/ECW) Plaintiff, v. ORDER ACCEPTING Warden B. Eischen; K. Winger, Unit REPORT AND RECOMMENDATION Manager; J. Kozulla, Case Manager; OF MAGISTRATE JUDGE Mrs. Flinckler, FSA Manager at FPC Duluth, Defendants.
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation (“R&R”) in this matter on October 4, 2023. (Doc. No. 7.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The October 4, 2023 Report and Recommendation (Doc. No. 7) is ACCEPTED; and 2. This case is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m) for failure to serve and Rule 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: October 25, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Sergio Garcia, Civ. No. 23-261 (JWB/ECW) Plaintiff, v. ORDER ACCEPTING Warden B. Eischen; K. Winger, Unit REPORT AND RECOMMENDATION Manager; J. Kozulla, Case Manager; OF MAGISTRATE JUDGE Mrs. Flinckler, FSA Manager at FPC Duluth, Defendants.
United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation (“R&R”) in this matter on October 4, 2023. (Doc. No. 7.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The October 4, 2023 Report and Recommendation (Doc. No. 7) is ACCEPTED; and 2. This case is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m) for failure to serve and Rule 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: October 25, 2023 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.