Opinion
21-cv-947 (ECT/KMM)
06-02-2021
Scott Lawrence Simmons, Plaintiff, v. Clerk of Appellate Courts and Supreme Court, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud United States District Court
Magistrate Judge Katherine Menendez issued a Report and Recommendation (“R&R”) on April 14, 2021. ECF No. 3. No. party has objected to that R&R, 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 action 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 [ECF No. 2] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.