Opinion
Case No. 19-cv-2472 (WMW/KMM)
05-04-2020
Michelle Lyn Hogquist, Plaintiff, v. The State of Minnesota, U.S., et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the January 29, 2020 Report and Recommendation (R&R) of United States Magistrate Judge Katherine M. Menendez. (Dkt. 3.) Objections to the R&R have not been filed in the time period permitted.
The Clerk of Court mailed the R&R to Hogquist's last known address, but the United States Postal Service returned the mailing as undeliverable. The Clerk of Court also attempted to call Hogquist by telephone to obtain an updated address, but the available telephone number was disconnected. Hogquist has not provided an alternative address or telephone number. A party to litigation is responsible for providing updated contact information to ensure the timely receipt of case-related communications. The Court declines to postpone its decision until Hogquist updates her contact information. --------
In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The January 29, 2020 R&R, (Dkt. 3), is ADOPTED;
2. The complaint of Michelle Lyn Hogquist, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE; and
3. The application to proceed in forma pauperis of Michelle Lyn Hogquist, (Dkt. 2), is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 4, 2020
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge