Cherry v. Hennepin County ADC
Cherry v. Hennepin County ADC
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Aaron D. Cherry, Case No. 24-CV-03951 (JMB/TNL) Plaintiff,
ORDER v. Hennepin County ADC; Sergeant Petrode; Deputy Morad; Deputy Sarsfield; and Deputy Montean, Defendants.
This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Tony N. Leung dated January 22, 2025. (Doc. No. 18.) The R&R recommends that the Court dismiss this action without prejudice for self-represented Plaintiff Aaron D. Cherry’s failure to prosecute under Federal Rule of Civil Procedure 41(b), on grounds that self-represented Cherry failed to submit completed U.S. Marshal Service Forms for each defendant and to provide an updated mailing address, in compliance with the Magistrate Judge’s December 18, 2024 Order. (See Doc. Nos. 14, 18.) Cherry has not objected 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. 18) is ADOPTED.
2. The Court DISMISSES this action WITHOUT PREJUDICE LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 20, 2025 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Aaron D. Cherry, Case No. 24-CV-03951 (JMB/TNL) Plaintiff,
ORDER v. Hennepin County ADC; Sergeant Petrode; Deputy Morad; Deputy Sarsfield; and Deputy Montean, Defendants.
This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Tony N. Leung dated January 22, 2025. (Doc. No. 18.) The R&R recommends that the Court dismiss this action without prejudice for self-represented Plaintiff Aaron D. Cherry’s failure to prosecute under Federal Rule of Civil Procedure 41(b), on grounds that self-represented Cherry failed to submit completed U.S. Marshal Service Forms for each defendant and to provide an updated mailing address, in compliance with the Magistrate Judge’s December 18, 2024 Order. (See Doc. Nos. 14, 18.) Cherry has not objected 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. 18) is ADOPTED.
2. The Court DISMISSES this action WITHOUT PREJUDICE LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 20, 2025 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.