Lokken v. Hibbing Police Department

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATION. The October 13, 2023 Report and Recommendation (Doc. No. 7) is ACCEPTED. Plaintiff Shawn Duane Lokken's Complaint (Doc. No. 1) is DISMISSED without prejudice for failure to state a claim. Plaintiff' ;s IFP Application (Doc. No. 2) is DENIED as moot. Plaintiff's letter request for subpoenas (Doc. No. 4) is DENIED as moot. Plaintiff is required to pay the unpaid balance of this action's statutory filing fee in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the authorities at the institution where Plaintiff is confined. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Jerry W. Blackwell on 11/14/2023.(MSK)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Shawn Duane Lokken, Civ. No. 23-2537 (JWB/LIB) Plaintiff, v. Hibbing Police Department, Defendant. ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation (“R&R”) on October 13, 2023. (Doc. No. 7.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The October 13, 2023 Report and Recommendation (Doc. No. 7) is ACCEPTED; 2. Plaintiff Shawn Duane Lokken’s Complaint (Doc. No. 1) is DISMISSED without prejudice for failure to state a claim; 3. Plaintiff’s IFP Application (Doc. No. 2) is DENIED as moot; 4. Plaintiff’s letter request for subpoenas (Doc. No. 4) is DENIED as moot; 5. Plaintiff is required to pay the unpaid balance of this action’s statutory filing fee in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the authorities at the institution where Plaintiff is confined. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: November 14, 2023 _s/ Jerry W. Blackwell_______ JERRY W. BLACKWELL United States District Judge 2

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