Opinion
21-cv-2018 (ECT/KMM)
11-15-2021
Emmitt Fraley, Plaintiff, v. B. Birkholz, Warden of Federal Prison Camp Duluth, and Michael Carvajal, Director of the Federal Bureau of Prisons, both in their official capacities, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud United States District Court
Magistrate Kate M. Menendez issued a Report and Recommendation on October 13, 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. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY.1