Thompson v. Clay County Sheriffs et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Joshua Thompson,
Plaintiff,
v.
Clay County Sheriffs and Correctional
Facility, and Mike Rapp,
Defendants.
No. 25-cv-2398 (KMM/JFD)
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This matter is before the Court on the October 9, 2025 Report and
Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty. (Dkt.
32.) Judge Docherty recommends that the Amended Complaint (Dkt. 30) filed by Joshua
Thompson be dismissed without prejudice for failure to state a claim which upon relief
may be granted. (Id. (citing 28 U.S.C. § 1915A(b)(1).) He accordingly recommends
denying Mr. Thompson’s Applications to Proceed in District Court without Prepaying
Fees or Costs (“IFP Applications”) (Dkts. 5, 8) and Motions to Appoint Counsel (Dkts.
16, 20) as moot. (Id. at 12.) Finally, Judge Docherty recommends that Mr. Thompson be
required to pay the remaining unpaid balance of his filing fee. (Id.)
The deadline for submitting objections to the R&R was October 23, 2025. See D.
Minn. LR 72.2(b)(1) (providing 14 days to object to an R&R). Mr. Thompson has not
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objected to the R&R.1 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 Fed. R.
Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)).
Based on this Court’s careful review of the R&R and the record in this matter, the Court
finds no error.
Accordingly, IT IS HEREBY ORDERED THAT:
1. 	The Report and Recommendation (Dkt. 32) is ACCEPTED.
2. 	The 	Amended 	Complaint 	filed 	by 	Plaintiff 	Joshua 	Thompson 	(Dkt. 30) 	is
DISMISSED WITHOUT PREJUDICE.
3. 	Plaintiff’s IFP Applications (Dkt. 5, 8) and Motions to Appoint Counsel (Dkt. 16,
20) are DENIED AS MOOT.
4. 	Plaintiff is required to pay the unpaid balance of $344.21 of the statutory filing fee
for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2), with the Clerk
of Court to provide notice of this requirement to the authorities at the institution
where he is confined.
Let judgment be entered accordingly.
Dated: December 23, 2025 	s/ Katherine Menendez_______
Katherine Menendez
United States District Judge
1 The Court did receive a letter from Mr. Thompson on November 12, 2025, but
that letter did not contain any objections. (Dkt. 33.)
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