Jenni v. Goldstein et al

Filing 4

ORDER ACCEPTING REPORT AND RECOMMENDATION: The Report and Recommendation 3 is ACCEPTED. The action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs 2 is DENIED AS MOOT. (Written Opinion). Signed by Judge Eric C. Tostrud on 1/6/2021.(RMM)

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CASE 0:20-cv-02107-ECT-LIB Doc. 4 Filed 01/06/21 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Mark Jenni, File No. 20-cv-2107 (ECT/LIB) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Justin Goldstein and Able Roofing, LLC, Defendants. ________________________________________________________________________ Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on December 14, 2020. ECF No. 3. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 3] is ACCEPTED; 2. The action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; and 3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 2] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 5, 2021 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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