Thelen et al v. Elba, City of et al

Filing 91

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 77 Motion for Sanctions filed by Elba, City of, 89 Report and Recommendation (Written Opinion). Signed by Judge Joan N. Ericksen on August 31, 2010. (slf)

Thelen et al v. Elba, City of et al

Doc. 91

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gary Thelen, Plaintiff, v. City of Elba et al., Defendants. This case is before the Court on a Report and Recommendation issued by the Honorable Jeanne J. Graham, United States Magistrate Judge, on July 13, 2010. The magistrate judge recommended that Defendants' motion for sanctions be denied. Defendants objected to the Report and Recommendation. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court determines that Plaintiff's conduct does not warrant the imposition of attorney fees or sanctions under 42 U.S.C. § 1988 (2006), Rule 11 of the Federal Rules of Civil Procedure, or Minn. Stat. § 549.211 (2008). Therefore, IT IS ORDERED THAT: 1. Defendants' Motion for Sanctions and Attorney's Fees [Docket No. 77] is DENIED. Civil No. 08-1150 (JNE/JJG) ORDER

Dated: August 31, 2010 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge

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