Eric S. Upchurch, II v. Dr. Vittorio

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Eric S. Upchurch, II, File No. 25-cv-4630 (ECT/DJF) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Dr. Vittorio, Defendant.

Magistrate Judge Dulce J. Foster issued a Report and Recommendation on February 13, 2026. ECF No. 10. No party has objected to that Report and Recommendation, and 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 on all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 10] is ACCEPTED; 2. Plaintiff’s Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted; 3. Plaintiff’s IFP application [ECF No. 6] is DENIED AS MOOT; 4. Plaintiff’s Motion to Appoint Counsel [ECF No. 2] is DENIED AS MOOT; 5. Plaintiff is required to pay the unpaid balance of the statutory filing fee for this action ($339.72) in the manner prescribed by 28 U.S.C. § 1915(b)(2), with the Clerk of Court to provide notice of this requirement to the authorities at the institution where Plaintiff is confined.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 24, 2026 s/ Eric C. Tostrud Eric C. Tostrud United States District Court