Hodson v. United States of America, The

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION. The R&R #4 is accepted and this action is dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute. (Written Opinion) Signed by Judge Katherine M. Menendez on 9/19/2022. (BJP)

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CASE 0:22-cv-01862-KMM-ECW Doc. 5 Filed 09/19/22 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA David Joseph Hodson, Case No. 22-cv-1862 (KMM/ECW) Plaintiff, v. ORDER The United States of America, Defendant. The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright, dated August 15, 2022. The R&R recommends dismissing this action without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. No objections have been filed to that R&R in the time period permitted. The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. ยง 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on a careful review of the R&R and the record in this case, this Court finds that the Magistrate Judge committed no error, clear or otherwise. CASE 0:22-cv-01862-KMM-ECW Doc. 5 Filed 09/19/22 Page 2 of 2 Accordingly, IT IS HEREBY ORDERED that the R&R [ECF No. 4] is ACCEPTED and this action is DISMISSED without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute. Let Judgment Be Entered Accordingly. Date: September 19, 2022 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge 2

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