Opinion
Civ. 23-428 (PAM/DLM)
07-12-2023
Pharoah El-Forever Left-I Amen El, Petitioner, v. Social Security Administration, Respondent.
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 Douglas L. Micko dated June 12, 2023. (Docket No. 10.) The R&R recommends that Petitioner Pharoah El-Forever Left-I Amen El's Petition for a Writ of Mandamus be dismissed without prejudice for failure to prosecute. Amen El did not file any objections 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). 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. 10) is ADOPTED;
2. The Petition for a Writ of Mandamus (Docket No. 1) is DISMISSED without prejudice for failure to prosecute; and
3. Petitioner's Applications to Proceed in District Court without Prepaying Fees or Costs (Docket Nos. 3, 4) are DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.