UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Albert C. Burgess, Jr.,            Case No. 24-CV-02676 (JMB/LIB)         

      Petitioner,                                                    


v.                                           ORDER                        

United States of America,                                                 

      Respondent.                                                    

This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge Leo I. Brisbois dated October 8, 2024.  (Doc. No. 4.)  The 
R&R recommends that Burgess’s petition for writ of habeas corpus be dismissed without 
prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).  (See id.)  
Neither party objected to the R&R.  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, 

 (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. 4) is ADOPTED.                                

2.   The Court dismisses this action without prejudice.              

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
Dated: November 14, 2024                /s/ Jeffrey M. Bryan              
                                   Judge Jeffrey M. Bryan            
                                   United States District Court      

            UNITED STATES DISTRICT COURT                             
                DISTRICT OF MINNESOTA                                


Albert C. Burgess, Jr.,            Case No. 24-CV-02676 (JMB/LIB)         

      Petitioner,                                                    


v.                                           ORDER                        

United States of America,                                                 

      Respondent.                                                    

This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge Leo I. Brisbois dated October 8, 2024.  (Doc. No. 4.)  The 
R&R recommends that Burgess’s petition for writ of habeas corpus be dismissed without 
prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).  (See id.)  
Neither party objected to the R&R.  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, 

 (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. 4) is ADOPTED.                                

2.   The Court dismisses this action without prejudice.              

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
Dated: November 14, 2024                /s/ Jeffrey M. Bryan              
                                   Judge Jeffrey M. Bryan            
                                   United States District Court