Smith v. City of Duluth
U.S. District Court, District of Minnesota
Smith v. City of Duluth
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Eric Smith, Case No. 23-CV-2196 (JMB/LIB)
Plaintiff,
ORDER ON REPORT AND
v.
RECOMMENDATION
City of Duluth, et al.,
Defendants.
This matter is before the court on the Report and Recommendation (R&R) of United
States Magistrate Judge Leo I. Brisbois dated February 21, 2024. (Doc. No. 7.) The R&R
recommends that Plaintiff Eric Smith’s Complaint under 42 U.S.C. § 1983 (Doc. No. 1) be
dismissed without prejudice under Rule 41(b) for failure to prosecute. (See Doc. No. 7.)
Smith 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. 7) is ADOPTED;
2. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of
Civil Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April X, 2024 /s/XXXXXXX
Judge Jeffrey M. Bryan
United States District Court Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Eric Smith, Case No. 23-CV-2196 (JMB/LIB)
Plaintiff,
ORDER ON REPORT AND
v.
RECOMMENDATION
City of Duluth, et al.,
Defendants.
This matter is before the court on the Report and Recommendation (R&R) of United
States Magistrate Judge Leo I. Brisbois dated February 21, 2024. (Doc. No. 7.) The R&R
recommends that Plaintiff Eric Smith’s Complaint under 42 U.S.C. § 1983 (Doc. No. 1) be
dismissed without prejudice under Rule 41(b) for failure to prosecute. (See Doc. No. 7.)
Smith 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. 7) is ADOPTED;
2. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of
Civil Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April X, 2024 /s/XXXXXXX
Judge Jeffrey M. Bryan
United States District Court Reference
- Status
- Unknown