Opinion
File No. 21-cv-728 (ECT/KMM)
06-09-2021
ORDER ACCEPTING REPORT AND RECOMMENDATION
Magistrate Judge Katherine Menendez issued a Report and Recommendation on April 29, 2021. ECF No. 5. 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 upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 5] is ACCEPTED;
2. This action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A;
3. Plaintiff's Motion to Appoint Counsel [ECF No. 3] is DENIED WITHOUT PREJUDICE; and
4. Plaintiff's Application to Proceed in District Court Without Prepaying Fees [ECF No. 2] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 9, 2021
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court