Opinion
22-cv-1795 (ECT/JFD)
02-22-2023
Octavia L. Killion, Plaintiff, v. Shakopee, Women Prison, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION
ERIC C. TOSTRUD, UNITED STATES DISTRICT COURT.
Magistrate Judge John F. Docherty issued a Report and Recommendation on January 6, 2023. ECF No. 29. 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 on all the files, records, and proceedings in this case, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 29] is ACCEPTED.
2. This case is DISMISSED WITHOUT PREJUDICE as follows:
a. The federal-law claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b).
b. The state-law claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
3. Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs [ECF No. 2] is DENIED.
4. Plaintiff's Motion for Relief [ECF No. 6] is DENIED.
5. Plaintiff is directed to pay the unpaid balance ($267.00) of the statutory filing fee for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court is directed to provide notice of this requirement to the authorities at the institution where Plaintiff is confined.
LET JUDGMENT BE ENTERED ACCORDINGLY.