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)

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