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U.S. District Court, District of Minnesota, 2025

Shumpert v. Minnesota Department of Corrections

Shumpert v. Minnesota Department of Corrections
U.S. District Court, District of Minnesota · Decided May 29, 2025

Shumpert v. Minnesota Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Danny Shumpert Jr., Case No. 25-CV-239 (KMM/DLM) Petitioner, v. ORDER Minnesota Department of Corrections and Paul Schnell, Defendants.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Douglas L. Micko, dated February 24, 2025. Judge Micko recommends dismissal of this matter without prejudice due to a failure to prosecute. No objections have been filed to that R&R in the time period permitted. Indeed, the Court has received no communication at all from Plaintiff since he filed his Complaint on January 21, 2025.

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, the Magistrate Judge committed no error, clear or otherwise, and the R&R is accepted in full.

IT IS HEREBY ORDERED that: 1. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

2. The Application to Proceed in District Court Without Prepaying Fees or Costs submitted by Plaintiff Danny Shumpert, Jr. (ECF 2), is DENIED as moot.

Let Judgment Be Entered Accordingly.

Date: May 29, 2025 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Danny Shumpert Jr., Case No. 25-CV-239 (KMM/DLM) Petitioner, v. ORDER Minnesota Department of Corrections and Paul Schnell, Defendants.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Douglas L. Micko, dated February 24, 2025. Judge Micko recommends dismissal of this matter without prejudice due to a failure to prosecute. No objections have been filed to that R&R in the time period permitted. Indeed, the Court has received no communication at all from Plaintiff since he filed his Complaint on January 21, 2025.

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, the Magistrate Judge committed no error, clear or otherwise, and the R&R is accepted in full.

IT IS HEREBY ORDERED that: 1. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

2. The Application to Proceed in District Court Without Prepaying Fees or Costs submitted by Plaintiff Danny Shumpert, Jr. (ECF 2), is DENIED as moot.

Let Judgment Be Entered Accordingly.

Date: May 29, 2025 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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