Opinion
Civ. 21-1684 (PAM/JFD)
09-21-2021
James Grace, 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 John F. Docherty dated August 23, 2021. (Docket No. 8.) The R&R recommends that Petitioner James Grace's Petition for habeas-corpus relief be dismissed without prejudice for failure to prosecute. No party objected 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. 8) is ADOPTED; and
2. The Petition (Docket No. 1) is DISMISSED without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.