Smith v. Best & Flanagan, LLP

Wilhelmina M. Wright United States District Judge

This matter is before the Court on the April 26, 2017 Report and Recommendation of United States Magistrate Judge Tony N. Leung. (Dkt. 80.) Because no objections have been filed, this Court reviews the Report and Recommendation for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the Report and Recommendation, the Court finds no clear error. In light of the dismissal of Plaintiff's complaint, however, the Court concludes that Plaintiff's remaining outstanding filings need not be substantively addressed or stricken from the record. Therefore, the Court adopts the Report and Recommendation as modified so as to deny all remaining outstanding motions without prejudice as moot.

Based on the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The April 26, 2017 Report and Recommendation, (Dkt. 80), is ADOPTED AS MODIFIED as outlined herein;

2. Plaintiff's Complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE;

3. Plaintiff's remaining outstanding motions, (Dkts. 42, 53, 68), are DENIED WITHOUT PREJUDICE as moot; and

4. Plaintiff Nevada Smith, a/k/a Michael L. Buesgens, is restricted from filing any new legal actions in this District unless he is represented by counsel or first obtains prior written authorization to file an action from a judicial officer of this District using the procedure described in the April 26, 2017 Report and Recommendation.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 1, 2017

s/Wilhelmina M. Wright

Wilhelmina M. Wright

United States District Judge