Kingsley et al v. State of Minnesota et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
AUSTIN MICHAEL KINGSLEY and
CATHERINE JEAN BENKEN-
FENNING,
Plaintiffs,
v.
STATE OF MINNESOTA,
MINNEAPOLIS POLICE
DEPARTMENT, MN COURT OF
APPEALS, SHARON COMPTON, and
WILLIAM SIEGLER JENSEN,
Defendants.
Case No. 26-cv-3544 (LMP/ECW)
ORDER ADOPTING
REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation (“R&R”), ECF No. 5, of
United States Magistrate Judge Elizabeth Cowan Wright, which recommends dismissing
the complaint brought by Plaintiffs Austin Michael Kingsley and Catherin Jean Benken-
Fenning for failure to prosecute, ECF No. 1. No objections have been filed to the R&R in
the time period permitted, and the R&R is therefore reviewed for clear error. See Fed. R.
Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based on the files, records, and proceedings in this matter,
IT IS ORDERED THAT:
1. 	The Report and Recommendation (ECF No. 5) is ADOPTED; and
2. 	Plaintiffs Austin Michael Kingsley and Catherine Jean Benken-Fenning’s
complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE under
Federal Rule of Civil Procedure 41(b).
CASE 0:26-cv-03544-LMP-ECW Doc. 6 Filed 10/08/26 Page 1 of 2

2
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 8, 2026 	s/ Laura M. Provinzino
Laura M. Provinzino
United States District Judge
CASE 0:26-cv-03544-LMP-ECW Doc. 6 Filed 10/08/26 Page 2 of 2