Cole v. United States Marshals Service

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Victor Demitrius Cole, Civ. No. 24-2148 (PAM/JFD)

Plaintiff,

v. ORDER

United States Marshals Service,

Defendant.

This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty dated November 21, 2024. (Docket No. 27.) The R&R recommends denying without prejudice Plaintiff Victor Demitrius Cole’s Motion for Default Summary Judgment. Plaintiff did not file any objections to the R&R, and the time to do so has passed. D. Minn. L.R. 72.2(b)(1). This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge’s reasoning. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 27) is ADOPTED; and 2. Plaintiff’s Motion for Default Summary Judgment (Docket No. 16) is DENIED without prejudice.

Dated: January 10, 2025 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge