Opinion
Civ. 21-1631 (PAM/DTS)
10-12-2021
Arnaldo Badillo, Petitioner, v. B. Birkholz, and Michael Carvajal, Respondents.
ORDER
Paul A. Magnuson United States District Court Judge
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge David T. Schultz dated September 13, 2021. (Docket No. 6.) The R&R recommends dismissing this matter for failure to prosecute. See Fed.R.Civ.P. 41(b).
Petitioner did not file any objections to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge's reasoning.
Accordingly, IT IS HEREBY ORDERED that:
1. The R&R (Docket No. 6) is ADOPTED; and
2. This matter is DISMISSED without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.