Opinion
File No. 20-cv-2107 (ECT/LIB)
01-05-2021
Mark Jenni, Plaintiff, v. Justin Goldstein and Able Roofing, LLC, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on December 14, 2020. ECF No. 3. 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. 3] is ACCEPTED;
2. The action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; and
3. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 5, 2021
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court