Smith v. Gordon et al

Filing 18

ORDER ADOPTING Report and Recommendation 16 Report and Recommendation; Amended Petition 14 is DENIED; Application to Proceed in District Court without Prepaying Fees or Costs (Doc. No. 8) is DENIED as moot; Motion 9 is DENIED as moot; Request to Reconsider 13 Order is DENIED as moot; and the Court DISMISSES this action without prejudice. (Written Opinion) Signed by Judge Jeffrey M. Bryan on 11/22/2024. (LIA)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ricardo Dale Smith,

Case No. 24-CV-02714 (JMB/SGE)
Plaintiff,
ORDER

v.
Andrew Gordon, Judge,
Defendant.

This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Judge Shannon G. Elkins dated October 7, 2024. (Doc. No. 16.)
The R&R recommends that Smith’s habeas petition be denied for failing to exhaust state
court remedies, and that Smith’s remaining motions be denied as moot. (See Doc. Nos. 8,
9, 13, 14.) Neither party has objected 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. 16) is ADOPTED;

2.

Smith’s Amended Petition (Doc. No. 14) is DENIED;

3.

Smith’s Application to Proceed in District Court without Prepaying Fees or
Costs (Doc. No. 8) is DENIED as moot;

4.

Smith’s “Motion/Affidavit” (Doc. No. 9) is DENIED as moot;

5.

Smith’s Request to Reconsider Order (Doc. No. 13) is DENIED as moot; and

6.

The Court DISMISSES this action without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 22, 2024

/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court

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