Cramer v. Iveldson et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 56 Report and Recommendation, denying 21 Motion Add Additional Defendant filed by Jan Cramer, denying 28 Defendant's Motion to Dismiss, granting 28 Defendant's Motion for Summary Judgment, denying as moot 27 Motion for Summary Judgment filed by Jan Cramer, denying as moot 54 Motion to Order Medical Care filed by Jan Cramer (Written Opinion). Signed by Judge Donovan W. Frank on 11/5/08. (GMO)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jan Cramer, Plaintiff, v. Dr. Iverson, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 07-725 (DWF/SRN) Jan Cramer, Pro Se, Plaintiff. Mary J. Madigan, Assistant United States Attorney, United States Attorney's Office, counsel for Defendants. This matter is before the Court upon Plaintiff Jan Cramer's ("Plaintiff") self-styled objections to Magistrate Judge Susan Richard Nelson's Report and Recommendation dated September 19, 2008, recommending that: (1) Defendants' motion to dismiss be denied; (2) Defendants' motion for summary judgment be granted; (3) Plaintiff's motion to add an additional defendant be denied; (4) Plaintiff's motion for summary judgment be denied as moot; and (5) Plaintiff's motion to order medical care or, in the alternative, to be released be denied as moot. The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(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 for purposes of Plaintiff's objections. Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following: ORDER 1. Plaintiff Jan Cramer's objections (Doc. No. 57) to Magistrate Judge Susan Richard Nelson's Report and Recommendation dated September 19, 2008, are DENIED. 2. Magistrate Judge Susan Richard Nelson's Report and Recommendation dated September 19, 2008 (Doc. No. 56), is ADOPTED. 3. 4. 5. 6. MOOT. 7. Plaintiff's motion to order medical care or, in the alternative, to be released Defendants' motion to dismiss (Doc. No. 28) is DENIED. Defendants' motion for summary judgment (Doc. No. 28) is GRANTED. Plaintiff's motion to add an additional defendant (Doc. No. 21) is DENIED. Plaintiff's motion for summary judgment (Doc. No. 27) is DENIED AS (Doc. No. 54) is DENIED AS MOOT. Dated: November 5, 2008 s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court 2

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