Opinion
20-CV-1236 (NEB/KMM)
08-05-2021
ANTWOYN TERRELL SPENCER, Plaintiff, v. UNITED STATES BUREAU OF PRISONS, WARDEN J. FIKES, CAPTAIN WARLICK, LIEUTENANT WEBER, LIEUTENANT GRAVDAHL, and OFFICER G. WHITE, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
NANCY E. BRASEL, UNITED STATES DISTRICT JUDGE
The Court has received the June 1, 2021 Report and Recommendation of United States Magistrate Judge Katherine M. Menendez. (ECF No. 44.) No party has objected to that Report and Recommendation, and the Court therefore reviews it 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 the files, records, and proceedings in the abovecaptioned matter, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (ECF No. 44) is ACCEPTED;
2. Spencer's Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE. and
3. Defendants' motion to dismiss for failure to state a claim (ECF No. 33) is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.