Cotner v. Unknown and Known Terrorist and Organized Crime Members some listed herein

Filing 16

ORDER denying as moot 12 Motion to Dismiss; adopting Report and Recommendations re 14 Report and Recommendation. (Written Opinion) Signed by Senior Judge David S. Doty on 8/22/2017. (DLO)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 17-748(DSD/TNL) Robert Cotner, Plaintiff, v. ORDER Unknown and Known Terrorist and Organized Crime Members some listed herein, Defendants. This matter is before the court upon the objections by pro se plaintiff Robert Cotner to the August 4, 2017, report recommendation of Magistrate Judge Tony N. Leung (R&R). and The magistrate judge recommended that the court dismiss the action without prejudice for failure to prosecute and that Cotner’s motion to dismiss be denied as moot. Cotner objects, arguing that the R&R is moot because he “dropped” the case two months ago. The court reviews the report and recommendation de novo. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b). After a thorough review of the file and record, the court finds that the report and recommendation is well-reasoned and correct. Accordingly, IT IS HEREBY ORDERED that: 1. The objection [ECF No. 15] to the R&R is overruled; 2. The R&R [ECF No. 14] is adopted in its entirety; 3. The action is dismissed without prejudice for failure to prosecute; and 4. The motion to dismiss [ECF No. 12] is denied as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 22, 2017 s/David S. Doty David S. Doty, Judge United States District Court 2

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