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).

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