Wilkening v. US Department of Education

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Christopher Wilkening, Civ. No. 20-1574 (PAM/ECW)

Plaintiff,

v. MEMORANDUM AND ORDER

US Department of Education, Justice Department Debt Collection Services, and US Department of Education – National Payment Ctr/Fed Loan Servicing,

Defendants.

This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Elizabeth Cowan Wright dated December 13, 2021. (Docket No. 6.) The R&R recommends that Plaintiff Christopher Wilkening’s Complaint be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute. 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. 6) is ADOPTED; and

2. The Complaint (Docket No. 1) is DISMISSED without prejudice for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Wednesday, December 29, 2021 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge