Opinion
Civ. 24-1850 (JWB/TNL)
07-09-2024
ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
JERRY W. BLACKWELL, United States District Judge
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation (“R&R”) on May 29, 2024. (Doc. No. 6.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in this case, IT IS HEREBY ORDERED that:
1. The May 29, 2023 Report and Recommendation (Doc. No. 6) is ACCEPTED;
2. Plaintiff Raymond L. Semler's Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to state a claim;
3. Plaintiff's requests for injunctive and declarative relief (Doc. No. 1) are
DENIED AS MOOT; and
4. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.