Roblero-Barrios v. Ludeman et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendation. DHS Defendants' Motion to Dismiss 22 is GRANTED, Plaintiff's ADA and Section 1983 claims are dismissed against Moose Lake Doe Defendants, Plaintiff's Secti on 1983 claims are dismissed against Mercy Hospital Defendants, Plaintiff's claims for declaratory and injunctive relief are dismissed as moot and Plaintiff's state law claims are dismissed without prejudice. Signed by Chief Judge Michael J. Davis on 11/5/08. (mjds)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Dezeray M. Roblero-Barrios , Plaintiff, v. Cal Ludeman, Jack Erskine, Michael Tessneer, David Pingry, et al. Defendants. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated October 8, 2008, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. The DHS Defendants' Motion to Dismiss is GRANTED (#22) and the ADA and Section 1983 claims against the DHS Defendants are dismissed with prejudice; Plaintiff's ADA and Section 1983 claims against the Moose Lake Doe Defendants are dismissed with prejudice pursuant to 28 U.S.C. § 1915A; Plaintiff's Section 1983 claims against the Mercy Hospital Doe Defendants are dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); Plaintiff's claims for declaratory and injunctive relief are dismissed as moot; Plaintiff's state law claims are dismissed without prejudice. ORDER Civil 07-4101 MJD/FLN

2. 3. 4. 5.

DATED: November 5, 2008. at Minneapolis, Minnesota

s/Michael J. Davis CHIEF JUDGE MICHAEL J. DAVIS United States District Court