Sneed v. Minnesota, State of et al

Filing 34

ORDER adopting Report and Recommendation, ECF No. 33 . (1) Defendant's Motion to Dismiss, ECF No. 20 , is GRANTED; (2) This action is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on 2/5/2019. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Bonnie Sneed,
Plaintiff,
v.

Case No. 17-cv-1201 (JNE/HB)
ORDER

State of Minnesota Department of
Employment and Economic Development,
Defendant.
Defendant State of Minnesota Department of Employment and Economic
Development moved to dismiss Plaintiff Bonnie Sneed’s Amended Complaint. In a
Report and Recommendation (“R&R”) dated January 11, 2019, the Honorable Hildy
Bowbeer, United States Magistrate Judge, recommended that the case be dismissed
without prejudice under Federal Rule of Civil Procedure 4(m) for Sneed’s failure to serve
the defendant, and in the alternative, under Federal Rule of Civil Procedure 41(b) for
Sneed’s failure to prosecute. Sneed did not file any objections to the R&R in the time
period permitted. Based on a de novo review of the record, the Court adopts the R&R.
See 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2. Therefore, IT IS ORDERED THAT:
1. Defendant’s Motion to Dismiss, ECF No. 20, is GRANTED;
2. This action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY

Dated: February 5, 2019

s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge