Opinion
Case No. 20-CV-820 (NEB/KMM)
05-12-2020
ARDELL LEVERT JENKINS, Plaintiff, v. PIZZA HUT, SUBWAY, LUND, and CUB FOOD, Defendants.
ORDER ON REPORT AND RECOMMENDATION
The Court has received the April 6, 2020 Report and Recommendation of United States Magistrate Judge Katherine M. Menendez. (ECF No. 3.) 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. 3) is ACCEPTED;LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 12, 2020
2. The action is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted under 28 U.S.C. § 1915(e)(2)(B)(ii); and
3. Plaintiff's application to proceed without prepaying fees (ECF No. 2) is DENIED AS MOOT.
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge