Currie v. Jett et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Denying as moot 9 Motion to Dismiss filed by Tony Currie; Denying as Moot 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Tony Currie; Adopting 8 Report and Recommendation (Written Opinion). Signed by Senior Judge David S. Doty on 4/30/2015. (PJM) cc: Tony Currie. Modified text on 4/30/2015 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 14-3160(DSD/TNL)
Tony Currie,
Petitioner,
ORDER

v.
Warden Brian Jett,
Dr. M. Nelson,
Respondents.

This

matter

is

before

the

court

upon

the

report

and

recommendation of Magistrate Judge Tony N. Leung dated March 25,
2015.

The magistrate judge recommended that the court dismiss

Currie’s
§

case

without

1915(e)(2)(B)(ii).

Rather

prejudice
than

under

object

to

28
the

U.S.C.

report

and

recommendation, Currie filed a motion to dismiss seeking the same
relief

recommended

by

the

magistrate

judge.

Under

these

circumstances, the court finds it appropriate adopt the report and
recommendation and deny the motion to dismiss as moot.
Accordingly, IT IS HEREBY ORDERED that:
1.

The magistrate judge’s report and recommendation [ECF No.

8] is adopted in its entirety;
2.

The action is dismissed without prejudice;

3.

The application to proceed in district court without

prepaying fees or costs [ECF No. 2] is denied as moot; and

4.

The motion to dismiss [ECF No. 9] is denied as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:

April 30, 2015
s/David S. Doty
David S. Doty, Judge
United States District Court

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