Opinion
Case No. 16-cv-2802 (WMW/LIB)
08-09-2019
Terry Lee Branson, Plaintiff, v. Kevin D. Moser et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the July 22, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 91.) The R&R recommends granting Defendants' motion to dismiss Plaintiff's amended complaint. No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an 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). Having conducted its review, the Court finds no clear error as to the R&R's determination that the Court lacks subject-matter jurisdiction to address Plaintiff's claims.
Based on the R&R, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The July 22, 2019 R&R, (Dkt. 91), is ADOPTED;
2. Defendants' motion to dismiss, (Dkt. 76), is GRANTED; and
3. Plaintiff Terry Lee Branson's amended complaint, (Dkt. 53), is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 9, 2019
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge