Opinion
23-cv-0726 (WMW/JFD)
07-27-2023
Khamsay Xayamonty, Petitioner, v. Warden Thomas, Mr. Vanhover, BOP and FCI Sandstone, Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATION
Wilhelmina M. Wright United States District Judge
This matter is before the Court on the May 12, 2023 Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty. (Dkt. 7.) Because no objections have been filed, this Court reviews the R&R for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The May 12, 2023 Report and Recommendation, (Dkt. 7), is ADOPTED.
2. This matter is DISMISSED without prejudice.
3. Petitioner Khamsay Xayamonty's Application to Proceed in District Court Without Prepaying Fees or Costs, (Dkt. 4), is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.