Opinion
Case No. 20-SC-1316 (NEB/BRT)
01-08-2021
AIYETORO AHEEN HOLMES, Plaintiff, v. TIMOTHY MULROONEY and PATRICK ROBBEN, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
The Court has received the December 4, 2020 Report and Recommendation of United States Magistrate Judge Becky R. Thorson. (ECF No. 4.) No party has objected to that Report and Recommendation, and the Court therefore reviews it 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 the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (ECF No. 4) is ACCEPTED;
2. This matter is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B);
3. Plaintiff Aiyetoro Aheen Holmes's application to proceed in forma pauperis (ECF No. 2) is DENIED;
4. This matter is UNSEALED;
a. Access to the Complaint (ECF No. 1), exhibit to the Complaint (ECF No. 1-1), application to proceed in forma pauperis (ECF No. 2), and statement of Holmes (ECF No. 3) is restricted to only the Court and the parties to this action.
b. The Report and Recommendation (ECF No. 4) should be unsealed.
Dated: January 8, 2021
5. The caption of this action is hereby amended to reflect the correct spelling of the name of Judge Patrick Robben.
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge