Opinion
24-cv-1595 (ECT/ECW)
07-11-2024
Donald Joseph Wirth, Jr., and Nicholas Thomas Stroeder, Plaintiffs, v. James Julis Burton, Jane Doe Number 1, Jane Doe Number 2, Jane Doe Number 3, Jane Doe Number 4, John Doe Number 1, John Doe Number 2, John Doe Number 3, John Doe Number 4, and John Doe Number 5, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
ERIC C. TOSTRUD UNITED STATES DISTRICT COURT
Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on June 11, 2024. ECF No. 6. 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. 6] is ACCEPTED;
2. The action is DISMISSED without prejudice for lack of subject matter jurisdiction; and
3. Plaintiffs' applications to proceed in forma pauperis [ECF Nos. 4, 5] are DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.