Thelen et al v. Elba, City of et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS 53 . IT IS HEREBY ORDERED THAT:1.Mehrkens motion to dismiss (Doc. No. 33) is GRANTED.2.The City defendants motion to dismiss (Doc. No. 37) is GRANTED.3.All claims against Mehrkens are DISMISSED and Mehrkens is dismissed from this action.4.The claims in counts III, IV, V, VI, and VII of the complaint, as against the remaining defendants, are DISMISSED in their entirety(Written Opinion). Signed by Judge Joan N. Ericksen on July 22, 2009. (slf)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gary Thelen, Thomas Thelen, Plaintiffs, v. City of Elba, et al., Defendants.

Civil No. 08-1150 (JNE/JJG)

ORDER

This matter is before the undersigned on the report and recommendation of the United States Magistrate Judge. No objections have been filed to that report and recommendation in the time period permitted. Based on the report and recommendation of the Magistrate Judge, and being advised of all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. 2. 3. Mehrkens' motion to dismiss (Doc. No. 33) is GRANTED. The City defendants' motion to dismiss (Doc. No. 37) is GRANTED. All claims against Mehrkens are DISMISSED and Mehrkens is dismissed from this action. 4. The claims in counts III, IV, V, VI, and VII of the complaint, as against the remaining defendants, are DISMISSED in their entirety. Dated this 22nd day of July, 2009. s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge