Lokken v. Warden Lino Lakes
U.S. District Court, District of Minnesota
Lokken v. Warden Lino Lakes
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Shawn Duane Lokken, Case No. 23-cv-2714 (KMM/DTS)
Plaintiff,
v. ORDER
Warden Lino Lakes, et al.,
Defendants.
Before the Court is the April 23, 2024 Report and Recommendation (“R&R”) of
United States Magistrate Judge David T. Schultz. [R&R, ECF No. 55]. The R&R
recommends that Shawn Duane Lokken’s matter [ECF No. 1] be dismissed without
prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute. Mr. Lokken did not object
to the R&R, nor has he responded to the two motions to dismiss filed by the Defendants in
this matter—as ordered by Judge Schultz on February 29, 2024 [ECF No. 54], and the time
to do so has passed.
In the absence of timely objections to the R & R, this Court reviews an 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). Having reviewed the R & R, the Court finds no clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Magistrate Judge David T. Schultz’s April 23, 2024 R&R [ECF No. 55] is
ACCEPTED; and
2. Petitioner Shawn Duane Lokken’s matter [ECF No. 1] is DISMISSED without
prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure
41(b).
Let Judgment be entered accordingly.
Date: June 17, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Shawn Duane Lokken, Case No. 23-cv-2714 (KMM/DTS)
Plaintiff,
v. ORDER
Warden Lino Lakes, et al.,
Defendants.
Before the Court is the April 23, 2024 Report and Recommendation (“R&R”) of
United States Magistrate Judge David T. Schultz. [R&R, ECF No. 55]. The R&R
recommends that Shawn Duane Lokken’s matter [ECF No. 1] be dismissed without
prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute. Mr. Lokken did not object
to the R&R, nor has he responded to the two motions to dismiss filed by the Defendants in
this matter—as ordered by Judge Schultz on February 29, 2024 [ECF No. 54], and the time
to do so has passed.
In the absence of timely objections to the R & R, this Court reviews an 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). Having reviewed the R & R, the Court finds no clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Magistrate Judge David T. Schultz’s April 23, 2024 R&R [ECF No. 55] is
ACCEPTED; and
2. Petitioner Shawn Duane Lokken’s matter [ECF No. 1] is DISMISSED without
prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure
41(b).
Let Judgment be entered accordingly.
Date: June 17, 2024 s/Katherine Menendez
Katherine Menendez
United States District Court Reference
- Status
- Unknown