Carl Douglas Smith v. Lisa Stenseth, Victor Wanchena, Ashlee Berts, Joshua...

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CARL DOUGLAS SMITH, Case No. 26-cv-499 (LMP/DLM) Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION LISA STENSETH, VICTOR WANCHENA, ASHLEE BERTS, JOSHUA BARNES, BRANDEN TATUM, JOHN DOE, and JANE DOE, Defendants.

Before the Court is the Report and Recommendation (“R&R”), ECF No. 9, of United States Magistrate Judge Douglas L. Micko, which recommends dismissing Plaintiff Carl Douglas Smith’s Complaint, ECF No. 1, without prejudice for failure to prosecute.

The R&R also recommends denying Smith’s application to proceed in forma pauperis as moot. ECF No. 6. No objections have been filed to the R&R in the time period permitted, so it is therefore reviewed 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 of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The R&R (ECF No. 6) is ADOPTED; 2. Smith’s complaint (ECF No. 1) is DISMISSED without prejudice; and 3. Smith’s motion to proceed in forma pauperis (ECF No. 2) is DENIED as moot.

Dated: March 17, 2026 s/Laura M. Provinzino Laura M. Provinzino United States District Judge