Opinion
Case No. 21-cv-0247 (WMW/LIB)
04-12-2021
Steven M. Kirchner, Plaintiff, v. The F.B.I. et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the February 26, 2021 Report and Recommendation (R&R) of United States Magistrate Leo I. Brisbois. (Dkt. 4.) A district court reviews for clear error any aspect of an R&R to which no specific objection was made. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Here, Plaintiff Steven M. Kirchner submitted letters to the Court during the period of time allowed for objections to the R&R, which suggests to the Court that these letters constitute Kirchner's objections to the R&R. Because Kirchner is pro se, his objections are entitled to liberal construction. Erickson v. Pardus, 551 U.S. 89, 94 (2007). The Court has reviewed these letters and they do not identify any error of law or fact that warrants rejecting the recommendations in the R&R. Therefore, Kirchner's objections are overruled. Moreover, having reviewed the R&R, the Court finds that it is neither clearly erroneous nor contrary to law.
Kirchner's letters also fail to comply with a number of local rules, including LR 72.2(c), which addresses the format of objections and responses to R&Rs. --------
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. Plaintiff Steven M. Kirchner's objections to the February 26, 2021 R&R, (Dkt. 5), are OVERRULED.
2. The February 26, 2021 R&R, (Dkt. 4), is ADOPTED.
3. This matter is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.
4. Plaintiff Steven M. Kirchner's application to proceed in district court without prepaying fees or costs, (Dkt. 2), is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April 12, 2021
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge