Wayne Evangelista v. Federal Bureau of Prisons, The Warden of F.P.C. Duluth

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Wayne Evangelista, Case No. 25-CV-0778 (JMB/SGE) Petitioner, v. ORDER Federal Bureau of Prisons, The Warden of F.P.C. Duluth Respondent.

This matter is before the Court on the Report and Recommendation (R&R) of United States Magistrate Shannon G. Elkins dated January 20, 2026. (Doc. No. 32.) The R&R recommends that the Court dismiss this action without prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(1), for mootness and for failure to state a claim. (Id.) Neither party has 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. 32) is ADOPTED; 2. Defendants’ Motion to Dismiss (Doc. No. 22) is GRANTED; and 3. The action is DISMISSED without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 20, 2026 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court