Rios-Nunez v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
EVER RIOS-NUNEZ,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
Case No. 26-cv-103 (LMP/EMB)
ORDER ADOPTING
REPORT AND
RECOMMENDATION
This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Elsa M. Bullard. 	ECF No. 3. 	The R&R recommends
dismissing Petitioner Ever Rios-Nunez’s petition for a writ of habeas corpus (ECF No. 1)
pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute following his
failure to pay the filing fee to bring this case. 	Id. at 1. The R&R notes that Rios-Nunez
was warned that his petition could be dismissed if he did not pay the filing fee or file an
application to proceed in forma pauperis (“IFP”) by January 23, 2026, but Rios-Nunez has
not paid the filing fee, submitted an IFP application, or otherwise communicated with the
Court. Id.
Rios-Nunez did not file objections to the R&R, so the Court reviews it for clear
error. Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed
the R&R, the Court finds no error and adopts it in full.
Accordingly, based on the foregoing, and on all the files, records, and proceedings
in this matter, IT IS HEREBY ORDERED that:
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1. 	The R&R (ECF No. 3) is ADOPTED; and
2. 	Rios-Nunez’s Petition for Habeas Corpus Under 28 U.S.C. § 2241 (ECF
No. 1) is DISMISSED WITHOUT PREJUDICE for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 18, 2026 	s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge
CASE 0:26-cv-00103-LMP-EMB Doc. 4 Filed 03/18/26 Page 2 of 2