Spottswood v. St. Croix County, WI et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED: 1. The October 14, 2021 R&R 3 is ADOPTED. 2. Petitioner Shawn Clarke Spottswood's petition for a writ of habeas corpus 1 is DENIED. 3. Petitioner Shawn Clarke Spottswood' ;s application to proceed in forma pauperis 2 is DENIED AS MOOT. 4. Petitioner Shawn Clarke Spottswood's motion for adequate representation 5 is DENIED AS MOOT. 5. This action is DISMISSED WITHOUT PREJUDICE. 6. No Certificate of Appealability, 28 U.S.C. § 2253(c)(2), will issue. (Written Opinion) Signed by Judge Wilhelmina M. Wright on 1/7/2022. (RJE)

CASE 0:21-cv-02258-WMW-LIB Doc. 7 Filed 01/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Shawn Clarke Spottswood,

Case No. 21-cv-2258 (WMW/LIB)
Petitioner,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
St. Croix County, WI; Interstate Compact
Ramsey Co.; and MN Adult Probation,
Susan Benson,
Respondents.

Before the Court is the October 14, 2021 Report and Recommendation (R&R) of
then-United States Magistrate Judge Katherine M. Menendez, (Dkt. 3), and Petitioner
Shawn Clarke Spottswood’s motion for adequate representation, (Dkt. 5). No objections
to the R&R have been filed.1 In the absence of timely objections, this Court reviews an
R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th
Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R, the foregoing analysis and all the files, records and proceedings
herein, IT IS HEREBY ORDERED:
1.

1

The October 14, 2021 R&R, (Dkt. 3), is ADOPTED.

The Clerk of Court mailed the R&R to Spottswood’s last known address, and the
United States Postal Service returned the mailing as undeliverable. Spottswood has not
provided an alternative address. It is a plaintiff’s responsibility to provide updated contact
information to ensure the timely receipt of case-related communications. See Passe v. City
of New York, No. CV 02-6494, 2009 WL 290464, at *4 (E.D.N.Y. Jan. 5, 2009). The Court
declines to postpone its decision until Spottswood updates his contact information.

CASE 0:21-cv-02258-WMW-LIB Doc. 7 Filed 01/07/22 Page 2 of 2

2.

Petitioner Shawn Clarke Spottswood’s petition for a writ of habeas corpus,

(Dkt. 1), is DENIED.
3.

Petitioner Shawn Clarke Spottswood’s application to proceed in forma

pauperis, (Dkt. 2), is DENIED AS MOOT.
4.

Petitioner Shawn Clarke Spottswood’s motion for adequate representation,

(Dkt. 5), is DENIED AS MOOT.
5.

This action is DISMISSED WITHOUT PREJUDICE.

6.

No Certificate of Appealability, 28 U.S.C. § 2253(c)(2), will issue.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 7, 2022

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

2