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Newcomb v. Eischen

U.S. District Court, District of Minnesota

Newcomb v. Eischen

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Justin Newcomb,                           Civ. No. 24-876 (JWB/TNL)      

               Petitioner,

ORDER

v.                                  ACCEPTING REPORT AND                 
                                     RECOMMENDATION OF                   
B. Eischen,                           MAGISTRATE JUDGE                   

               Respondent.                                               


    United States Magistrate Judge Tony N. Leung issued a Report and     
Recommendation (“R&R”) on April 4, 2024. (Doc. No. 4.) No objections have been filed 
to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for 
clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon,
73 F.3d 793, 795
 (8th Cir. 
1996). Having reviewed the R&R, no clear error is found.                  
    Based on the R&R of the Magistrate Judge, and on all the files, records, and 
proceedings herein, IT IS HEREBY ORDERED that:                            
    1.   The April 4, 2024 Report and Recommendation (Doc. No. 4) is     
ACCEPTED; and                                                             
    2.   This case is DISMISSED WITHOUT PREJUDICE under Federal Rule     
of Civil Procedure 41(b) for failure to prosecute.                        
    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
 Date: April 29, 2024             s/ Jerry W. Blackwell                  
                                  JERRY W. BLACKWELL                     
                                  United States District Judge

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Justin Newcomb,                           Civ. No. 24-876 (JWB/TNL)      

               Petitioner,

ORDER

v.                                  ACCEPTING REPORT AND                 
                                     RECOMMENDATION OF                   
B. Eischen,                           MAGISTRATE JUDGE                   

               Respondent.                                               


    United States Magistrate Judge Tony N. Leung issued a Report and     
Recommendation (“R&R”) on April 4, 2024. (Doc. No. 4.) No objections have been filed 
to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for 
clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon,
73 F.3d 793, 795
 (8th Cir. 
1996). Having reviewed the R&R, no clear error is found.                  
    Based on the R&R of the Magistrate Judge, and on all the files, records, and 
proceedings herein, IT IS HEREBY ORDERED that:                            
    1.   The April 4, 2024 Report and Recommendation (Doc. No. 4) is     
ACCEPTED; and                                                             
    2.   This case is DISMISSED WITHOUT PREJUDICE under Federal Rule     
of Civil Procedure 41(b) for failure to prosecute.                        
    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
 Date: April 29, 2024             s/ Jerry W. Blackwell                  
                                  JERRY W. BLACKWELL                     
                                  United States District Judge

Reference

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