Pennywell v. Simmons

Filing 4

ORDER adopting 3 Report and Recommendation; denying as moot 2 Application on Proceed in District Court without Prepaying Fees or Costs; dismissing this action for lack of subject matter jurisdiction. (Written Opinion) Signed by Judge Susan Richard Nelson on 07/10/2017. (SMD) cc: Plaintiff. Modified on 7/10/2017 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DION C. PENNYWELL, CIVIL NO. 17-1964 (SRN/DTS) Plaintiff, v. ORDER JOSH SIMMONS, Defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge David T. Schultz dated June 19, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. The Court, being duly advised in the premises, upon the Report and Recommendation of the Magistrate Judge, and upon all of the files, records and proceedings herein, now makes and enters the following Order. IT IS HEREBY ORDERED: 1. This action is DISMISSED WITHOUT PREJUDICE for lack of subjectmatter jurisdiction; and 2. Plaintiff Dion C. Pennywell’s application to proceed in forma pauperis [ECF No. 2] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 10, 2017 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Court Judge

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