Kalichenko v. Sepal

U.S. District Court, District of Minnesota

Kalichenko v. Sepal

Trial Court Opinion

            UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Olena Kalichenko,                   Case No. 24-CV-02426 (JMB/JFD)        

      Plaintiff,                                                     

v.                                            ORDER                       

Warden Michael Sepal, FCI Waseca; Captain                                 
Koch, FCI Waseca; and Unit Manager                                        
Kopischke, FCI Waseca,                                                    

      Defendants.                                                    


This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge John F. Docherty dated July 31, 2024.  (Doc. No. 11.)  The 
R&R recommends that this action be dismissed without prejudice under Federal Rule of 
Civil Procedure 41(b) for Kalichenko’s failure to prosecute it.  (See id.)  Neither party has 
objected to the R&R, and the time to do so has now passed.  See D. Minn. L.R. 72.2(b)(1). 
In the absence of timely objections, the Court reviews the 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).  
Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:                              

1.   The R&R (Doc. No. 11) is ADOPTED.                               

2.   The Court dismisses this action without prejudice.              

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
Dated: September 30, 2024               /s/ Jeffrey M. Bryan              
                                   Judge Jeffrey M. Bryan            
                                   United States District Court      

Trial Court Opinion

            UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Olena Kalichenko,                   Case No. 24-CV-02426 (JMB/JFD)        

      Plaintiff,                                                     

v.                                            ORDER                       

Warden Michael Sepal, FCI Waseca; Captain                                 
Koch, FCI Waseca; and Unit Manager                                        
Kopischke, FCI Waseca,                                                    

      Defendants.                                                    


This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge John F. Docherty dated July 31, 2024.  (Doc. No. 11.)  The 
R&R recommends that this action be dismissed without prejudice under Federal Rule of 
Civil Procedure 41(b) for Kalichenko’s failure to prosecute it.  (See id.)  Neither party has 
objected to the R&R, and the time to do so has now passed.  See D. Minn. L.R. 72.2(b)(1). 
In the absence of timely objections, the Court reviews the 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).  
Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:                              

1.   The R&R (Doc. No. 11) is ADOPTED.                               

2.   The Court dismisses this action without prejudice.              

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
Dated: September 30, 2024               /s/ Jeffrey M. Bryan              
                                   Judge Jeffrey M. Bryan            
                                   United States District Court      

Reference

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