Opinion
23-CV-2196 (JMB/LIB)
04-18-2024
Eric Smith, Plaintiff, v. City of Duluth, et al., Defendants.
ORDER ON REPORT AND RECOMMENDATION
Jeffrey M. Bryan, Judge United States District Court
This matter is before the court on the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois dated February 21, 2024. (Doc. No. 7.) The R&R recommends that Plaintiff Eric Smith's Complaint under 42 U.S.C. § 1983 (Doc. No. 1) be dismissed without prejudice under Rule 41(b) for failure to prosecute. (See Doc. No. 7.) Smith did not file any objections to the R&R and the time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the R&R 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 the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. No. 7) is ADOPTED;
2. This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.