Colbert v. Schnell et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Leneil James Colbert, Jr.,
Plaintiff,
v.
Paul Schnell, Mark Koderick, Diane
Reineccius, and John Melvin,
Defendants.
No. 25-cv-4652 (KMM/ECW)
ORDER
This matter is before the Court for review of the Report and Recommendation
(R&R) issued by United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 8.) Judge
Wright recommends that this action be dismissed and Plaintiff Leneil James Colbert, Jr.’s
application to proceed in forma pauperis be denied as moot. (Id.) The deadline for Plaintiff
to file objections to the R&R was April 13, 2026, but he did not object. Fed. R. Civ. P.
72(b)(2). Although the deadline passed three weeks ago, Mr. Colbert still has not submitted
any response to the R&R.
In the absence of objections, the Court reviews the R&R for clear error. Nur v.
Olmsted Cnty., 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Grinder v. Gammon, 73
F.3d 793, 795 (8th Cir. 1996); Fed. R. Civ. P. 72(b)). Having reviewed the R&R, the Court
finds no error and adopts the R&R.
Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff Leneil James Colbert, Jr.’s Complaint (Dkt. 1) is DISMISSED WITH
PREJUDICE under 28 U.S.C. § 1915A, for failure to state a claim to the extent
it purports to bring a Fourteenth Amendment procedural-due-process claim.
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2. The Complaint is DISMISSED WITHOUT PREJUDICE under 28 U.S.C.
§ 1915A, for failure to state a claim, to the extent it purports to bring a First
Amendment retaliation claim and claims under the First Amendment’s Free
Exercise Clause and the Religious Land Use and Institutionalized Persons Act.
3. The Court DECLINES to exercise supplemental jurisdiction over the
Complaint’s state-law breach-of-contract claim, and that claim is DISMISSED
WITHOUT PREJUDICE for lack of jurisdiction.
4. Plaintiff’s Application to Proceed In Forma Pauperis (Dkt. 2) is DENIED as
moot.
Let Judgment be entered accordingly.
Date: May 4, 2026 s/Katherine Menendez
Katherine Menendez
United States District Judge
CASE 0:25-cv-04652-KMM-ECW Doc. 9 Filed 05/04/26 Page 2 of 2