Opinion
Civ. 20-1574 (PAM/ECW)
12-29-2021
Christopher Wilkening, Plaintiff, v. US Department of Education, Justice Department Debt Collection Services, and U.S. Department of Education - National Payment Ctr/Fed Loan Servicing, Defendants.
MEMORANDUM AND ORDER
Paul A. Magnuson United States District Court Judge
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Elizabeth Cowan Wright dated December 13, 2021. (Docket No. 6.) The R&R recommends that Plaintiff Christopher Wilkening's Complaint be dismissed without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute.
This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge's reasoning.
Accordingly, IT IS HEREBY ORDERED that:
1. The R&R (Docket No. 6) is ADOPTED; and
2. The Complaint (Docket No. 1) is DISMISSED without prejudice for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.