Opinion
Civ. 23-1931 (PAM/DTS)
11-01-2023
Nikita Dixon, Petitioner, v. Tracy Beltz, Department of Corrections, and Commissioner Paul Schnell, Respondents.
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 David T. Schultz dated October 12, 2023. (Docket No. 8.) The R&R recommends that Petitioner Nikita Dixon's Petition for habeas-corpus relief be dismissed without prejudice for failure to prosecute. No party objected to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1).
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). Petitioner has not communicated with the Court since mid-July, did not respond to an Order to Show Cause why the Petition should not be dismissed for failure to exhaust and as untimely, and did not respond to the R&R's recommendation that the matter be dismissed. The Court thus finds no error, clear or otherwise, in the R&R's reasoning or dismissal recommendation.
Accordingly, IT IS HEREBY ORDERED that:
1. The R&R (Docket No. 8) is ADOPTED;
2. Petitioner's Application to Proceed in District Court without Prepaying Fees or Costs (Docket No. 5) is DENIED as moot;
3. The Petition (Docket No. 1) is DISMISSED without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute; and
4. No Certificate of Appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.