Braun v. Vierzba

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Nathan C. Braun,
Plaintiff,
v.
Christopher Vierzba,
Defendant.
Civil No. 26-401 (DWF/ECW)
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation of Magistrate
Judge Elizabeth Cowan Wright dated February 9, 2026. (Doc. No. 3.) No objections
have been filed in the time permitted under Local Rule 72.2(b)(1). When no objections
are filed, a district court need only review the Report and Recommendation for clear
error. See Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996); Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 amendment, subdiv. b.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference. The
Magistrate Judge recommended dismissing the complaint in its entirety and denying the
application to proceed in district court without prepaying fees or costs as moot. (Doc.
No. 3 at 13-14.) Upon review, the Court finds no clear error.
ORDER
Based upon the Court’s careful review of the Report and Recommendation and the
record in this case, IT IS HEREBY ORDERED that:
CASE 0:26-cv-00401-DWF-ECW Doc. 4 Filed 03/06/26 Page 1 of 2

2
1. 	Magistrate Judge Elizabeth Cowan Wright’s Report and Recommendation
dated February 9, 2026, (Doc. No. [3]) is ADOPTED.
2. 	Plaintiff Nathan C. Braun’s claims (Doc. No. [1]) are DISMISSED
WITHOUT PREJUDICE.
3. 	Plaintiff Nathan C. Braun’s application to proceed in district court without
prepaying fees or costs (Doc. No. [2]) is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 6, 2026 	s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
CASE 0:26-cv-00401-DWF-ECW Doc. 4 Filed 03/06/26 Page 2 of 2