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Yennie v. Walters, 18-cv-1626 (WMW/ECW). (2019)

Court: District Court, D. Minnesota Number: infdco20190129a26 Visitors: 7
Filed: Jan. 28, 2019
Latest Update: Jan. 28, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION WILHELMINA M. WRIGHT , District Judge . This matter is before the Court on the November 15, 2018 Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 32.) Objections have not been filed in the time period permitted. 1 In the absence of timely objections, the Court reviews an 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). Having reviewe
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the November 15, 2018 Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 32.) Objections have not been filed in the time period permitted.1 In the absence of timely objections, the Court reviews an 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). Having reviewed the R&R, the Court finds no clear error.

Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The November 15, 2018 R&R, (Dkt. 32), is ADOPTED;

2. The motion to dismiss filed by Defendants Terrance M. Walters and Debra A. Jacobson, (Dkt. 8), is GRANTED;

3. Plaintiff Joseph Howard Yennie's complaint, (Dkt. 1), is DISMISSED WITH PREJUDICE as to all defendants for lack of subject-matter jurisdiction.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FootNotes


1. A party may submit objections to an R&R within 14 days of being served with a copy of the R&R. LR 72.2(b)(1). If a party is served by mail, three days are added after the time period for filing objections would otherwise expire. Fed. R. Civ. P. 6(d). The Clerk of Court mailed the R&R to Plaintiff Joseph Howard Yennie on November 20, 2018. Therefore, any objection was due on or before December 7, 2018. The Clerk of Court docketed an objection to the R&R received from Yennie on December 19, 2018. Yennie's objection was thus not timely filed.
Source:  Leagle

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