Filiatrault v. United States of America

Filing 5

ORDER: ADOPT Report and Recommendation 4 and DISMISS WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Jeffrey M. Bryan on 5/10/2024. (LIA)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Evan Gerald Filiatrault, Case No. 24-CV-396 (JMB/DLM) Petitioner, ORDER ON REPORT AND RECOMMENDATION v. United States of America, Respondent. This matter is before the court on the Report and Recommendation (R&R) of United States Magistrate Judge Douglas L. Micko dated April 15, 2024. (Doc. No. 4.) The R&R recommends that this matter be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. (See Doc. No. 4.) Petitioner Evan Gerald Filiatrault did not file any objections to the R&R, and the time to do so has now passed. See D. Minn. L.R. 72.2(b)(1). In the absence of timely objections, the Court reviews the 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). Finding no clear error, and based upon all the files, records, and proceedings in the abovecaptioned matter, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. No. 4) is ADOPTED; 2. This matter is DISMISSED WITHOUT PREJUDICE under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 10, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court 2

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