Canini v. Roy et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Wilhelmina M. Wright on 02/13/2017. (TJB) cc: Paul Canini, III. Modified text on 2/13/2017 (ACH).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Paul Canini, III,

Case No. 16-cv-3309 (WMW/BRT)

Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

Tom Roy, Minnesota DOC
Commissioner; and Minnesota
Industries “Officials,”
Defendants.

This matter is before the Court on the January 11, 2017 Report and
Recommendation (“R&R”) of United States Magistrate Judge Becky R. Thorson.
(Dkt. 7.) The R&R recommends dismissing without prejudice Plaintiff Paul Canini, III’s
complaint for failure to prosecute. No objections to the R&R have been filed. In the
absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ.
P. 72(b) advisory committee’s note (“When no timely objection is filed, the court need
only satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having
reviewed the R&R, the Court finds no clear error.
ORDER
Based on the R&R and all of the files, records and proceedings herein, IT IS
HEREBY ORDERED:
1.

The January 11, 2017 R&R, (Dkt. 7), is ADOPTED;

2.

Plaintiff Paul Canini, III’s complaint, (Dkt. 1), is DISMISSED

WITHOUT PREJUDICE for failure to prosecute, pursuant to Federal Rule of Civil
Procedure 41(b).
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 13, 2017

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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