Friday v. Peters
U.S. District Court, District of Minnesota
Friday v. Peters
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Cleone Cecelia Friday,
Case No. 23-cv-2870 (KMM/DTS)
Plaintiff,
v.
ORDER
Colette Peters, et al.,
Defendants.
This matter comes before the Court on the Report and Recommendation (“R&R”)
of Magistrate Judge David T. Schultz dated November 30, 2023. [R&R, ECF No. 7]. In
the R&R, Judge Schultz recommended that this action be dismissed without prejudice
under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Cleone Cecelia
Friday, a federal inmate at the Federal Correctional Institution in Waseca, Minnesota
(“FCI-Waseca”), failed to submit an initial partial filing fee of $64.70 that was required to
continue the matter. [Order, ECF No. 6]. To date, no objections have been made to the
R&R by Ms. Friday, and the deadline for filing such objections has long since passed.
Indeed, Ms. Friday has not submitted anything since early October, when she submitted
some documents in support of her original Complaint. [ECF No. 5].
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b), and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court’s careful review of the R&R and the
record in this case, this Court adopts the R&R in its entirety. The Magistrate Judge
committed no error, clear or otherwise.
IT IS HEREBY ORDERED that:
1. Magistrate Judge David T. Schultz’s November 30, 2023, Report and
Recommendation [ECF. No. 7] is ADOPTED;
2. Plaintiff Cleone Cecelia Friday’s action is DISMISSED WITHOUT
PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to
prosecute; and
3. Plaintiff Cleone Cecelia Friday’s Application to Proceed in District Court
Without Prepaying Fees or Costs, [ECF No. 2], be DENIED as moot.
Let Judgment be entered accordingly.
Date: March 11, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court
2 Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Cleone Cecelia Friday,
Case No. 23-cv-2870 (KMM/DTS)
Plaintiff,
v.
ORDER
Colette Peters, et al.,
Defendants.
This matter comes before the Court on the Report and Recommendation (“R&R”)
of Magistrate Judge David T. Schultz dated November 30, 2023. [R&R, ECF No. 7]. In
the R&R, Judge Schultz recommended that this action be dismissed without prejudice
under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Cleone Cecelia
Friday, a federal inmate at the Federal Correctional Institution in Waseca, Minnesota
(“FCI-Waseca”), failed to submit an initial partial filing fee of $64.70 that was required to
continue the matter. [Order, ECF No. 6]. To date, no objections have been made to the
R&R by Ms. Friday, and the deadline for filing such objections has long since passed.
Indeed, Ms. Friday has not submitted anything since early October, when she submitted
some documents in support of her original Complaint. [ECF No. 5].
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b), and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court’s careful review of the R&R and the
record in this case, this Court adopts the R&R in its entirety. The Magistrate Judge
committed no error, clear or otherwise.
IT IS HEREBY ORDERED that:
1. Magistrate Judge David T. Schultz’s November 30, 2023, Report and
Recommendation [ECF. No. 7] is ADOPTED;
2. Plaintiff Cleone Cecelia Friday’s action is DISMISSED WITHOUT
PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to
prosecute; and
3. Plaintiff Cleone Cecelia Friday’s Application to Proceed in District Court
Without Prepaying Fees or Costs, [ECF No. 2], be DENIED as moot.
Let Judgment be entered accordingly.
Date: March 11, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court
2 Reference
- Status
- Unknown