0:26-cv-00103•Rios-Nunez v. United States of America
Full text
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: CASE 0:26-cv-00103-LMP-EMB Doc. 4 Filed 03/18/26 Page 1 of 2
2 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
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.