Opinion
File No. 21-cv-293 (ECT/HB)
02-26-2021
Scott Lawrence Simmons, Plaintiff, v. Clerk of Appellate Courts and Dakota County District Court, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Magistrate Judge Hildy Bowber issued a Report and Recommendation on February 8, 2021. 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. This matter is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B); and
3. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 26, 2021
s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court