Behr v. Roy et al

Filing 5

ORDER adopting Report and Recommendation 4 denying 2 Application on Proceed in District Court without Prepaying Fees or Costs. IT IS HEREBY ORDERED that 1. This action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute. 2. Plaintiff Robert Behr's application to proceed in forma pauperis 2 is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on October 27, 2014. (CLG) cc: Behr on 10/27/2014 (JAM).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
ROBERT BEHR,

Case No. 14-CV-3269 (PJS/FLN)
Plaintiff,

v.

ORDER

TOM ROY, MINNESOTA
COMMISSIONER OF CORRECTIONS,
individual capacity,
Defendant.

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by
United States Magistrate Judge Franklin L. Noel dated October 6, 2014, all the files and records,
and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that
1.

This action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b)
for failure to prosecute.

2.

Plaintiff Robert Behr’s application to proceed in forma pauperis [ECF No. 2] is
DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

10/27/14

s/Patrick J. Schiltz
PATRICK J. SCHILTZ
United States District Court Judge