Frank v. State of Minnesota et al

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATIONS (Written Opinion) Signed by Judge Katherine M. Menendez on 5/13/2024. (SDV)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Joshua David Frank, Plaintiff, Case No. 23-CV-3768 (KMM/LIB) ORDER v. State of Minnesota; Dilworth Police Department; Schlee, Officer – Dilworth Police Dept. Badge 745, sued in his or her official and individual capacity; White Earth Tribal Police Dept.; and Franklin Tibbets, Officer – Tribal Police 823 – sued in his or her official and individual capacity, Defendants. The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated February 14, 2024. 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. § 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 the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise, and the R&R is accepted in full. IT IS HEREBY ORDERED that: 1. This matter is DISMISSED WITHOUT PREJUDICE. 2. Plaintiff’s applications to proceed in forma pauperis, [ECF 2, 6], is DENIED; and 3. Plaintiff’s motion to add supplement, [ECF 8], is DENIED as moot Let Judgment Be Entered Accordingly. Date: May 13, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

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