Collier v. Minnesota Department of Corrections et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 : Report and Recommendation is adopted, 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Anthony D. Collier is denied as moot, case dismissed without prejudice (Written Opinion). Signed by Judge Paul A. Magnuson on 3/9/2015. (JEP)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Anthony D. Collier, Case No. 14-cv-4249 (PAM/TNL) Plaintiff, v. ORDER Minnesota Department of Corrections; Stillwater Prison; and 3rd Watch Aggressors, Bystanders, and Administrators, Defendant. ___________________________________________________________ This matter is before the Court on Magistrate Judge Leung’s Report and Recommendation (“R&R”) dated January 26, 2015. In the R&R, Magistrate Judge Leung recommends that the Court dismiss this case for failure to prosecute. Within fourteen days after being served with a copy, unless a different deadline is set, any party may file objections to the R&R. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2); D. Minn. LR 72.2(b)(1). No party has timely objected to the R&R. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 5) is ADOPTED; 2. This case is DISMISSED without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute; and 3. Collier’s Application to Proceed In Forma Pauperis (Docket No. 2) is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: March 9, 2015 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge 2

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