Benzo v. United States of America

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendation(Written Opinion). This action be DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b)for failure to prosecute. Petitioner Kenneth W. Benzo's pplication to proceed in forma pauperis 2 be DENIED AS MOOT. Signed by Chief Judge Michael J. Davis on 1/6/15. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
KENNETH W. BENZO,

Case No. 14-CV-4138 (MJD/SER)

Petitioner,
v.

ORDER

UNITED STATES OF AMERICA,
Respondent.

The above-captioned case comes before the undersigned on the Report and
Recommendation [Doc. #4] of United States Magistrate Judge Steven E. Rau. No objections to
the Report and Recommendation were filed within the requisite time period. Accordingly, IT IS
HEREBY ORDERED that:
1.

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

2.

Petitioner Kenneth W. Benzo’s application to proceed in forma pauperis [Doc.
#2] be DENIED AS MOOT.

Dated: January 6, 2015

s/Michael J. Davis
Michael J. Davis
Chief U.S. District Judge