Opinion
23-cv-889 (ECT/DTS)
07-06-2023
ORDER ACCEPTING REPORT AND RECOMMENDATION
ERIC C. TOSTRUD, UNITED STATES DISTRICT COURT JUDGE
Magistrate Judge David T. Schultz issued a Report and Recommendation on June 9, 2023. ECF No. 12. 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. 12] is ACCEPTED;
2. The Clerk of Courts shall docket all filings and exhibits in this case, including the USB drive purportedly containing video, audio, and photographs of the incident in question, Compl. Ex. 2, ECF No. 1, in Young v. City of Bloomington Police Department, et al., No. 22-cv-1989 (D. Minn.);
3. This action is DISMISSED without prejudice consistent with Plaintiff Young's request under Rule 41(a)(2) of the Federal Rules of Civil Procedure; and
4. Plaintiff Young's Motion to Appoint Counsel, ECF No. 10, and his Motion to Proceed in District Court without Prepaying Fees or Costs, ECF No. 6, are DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.