Roy v. Warren

U.S. District Court, District of Minnesota

Roy v. Warren

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                            
                    DISTRICT OF MINNESOTA                                


Michael Joseph Roy,                   Case No. 24-CV-0075 (JMB/JFD)      

               Plaintiff,                                                


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


Neal Aaron Warren,                                                       

               Defendant.                                                


    This matter is before the court on the Report and Recommendation (R&R) of United 
States Magistrate Judge John F. Docherty dated February 13, 2024.  (Doc. No. 5.)  The 
R&R recommends that Plaintiff Michael Joseph Roy’s Complaint under 
42 U.S.C. § 1983
 
(Doc. No. 1) be dismissed without prejudice under Rule 41(b) for failure to prosecute and 
Roy’s Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 
2) be denied as moot.  (See Doc. No. 5.)  Roy did not file any objections 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. 5) is ADOPTED;                               
      2.  This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of 
         Civil Procedure 41(b) for failure to prosecute; and             
      3.  Plaintiff’s Application to Proceed in District Court Without Prepaying Fees 
         or Costs (Doc. No. 2) is DENIED as moot.                        

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated:  March 6, 2024                   /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                            
                    DISTRICT OF MINNESOTA                                


Michael Joseph Roy,                   Case No. 24-CV-0075 (JMB/JFD)      

               Plaintiff,                                                


                                    ORDER ON REPORT AND                  
v.                                                                       
                                      RECOMMENDATION                     


Neal Aaron Warren,                                                       

               Defendant.                                                


    This matter is before the court on the Report and Recommendation (R&R) of United 
States Magistrate Judge John F. Docherty dated February 13, 2024.  (Doc. No. 5.)  The 
R&R recommends that Plaintiff Michael Joseph Roy’s Complaint under 
42 U.S.C. § 1983
 
(Doc. No. 1) be dismissed without prejudice under Rule 41(b) for failure to prosecute and 
Roy’s Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 
2) be denied as moot.  (See Doc. No. 5.)  Roy did not file any objections 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. 5) is ADOPTED;                               
      2.  This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of 
         Civil Procedure 41(b) for failure to prosecute; and             
      3.  Plaintiff’s Application to Proceed in District Court Without Prepaying Fees 
         or Costs (Doc. No. 2) is DENIED as moot.                        

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated:  March 6, 2024                   /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Reference

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