Garcia v. Anderson et al

Filing 45

ORDER denying 33 Motion ; adopting Report and Recommendations re 44 Report and Recommendation.; granting 12 Motion to Dismiss (Written Opinion). Signed by Judge Ann D. Montgomery on 9/2/2009. (GS)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA JESSE GARCIA, Civil No. 08-4731 (ADM/JJG) Plaintiff, v. WARDEN MARTY C. ANDERSON, DR. T. TRAN, DR. S. STANTON, JANE DOE, and JOHN DOE, Defendants. The above-entitled matter came before the Court upon 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. ORDER ON REPORT AND RECOMMENDATION

Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. 2. 3. 4. Defendants' Motion to Dismiss and for Summary Judgment (Doc. No. 12) is GRANTED; Garcia's claims against Defendants Warden Marty C. Anderson, Dr. T. Tran, and Dr. S. Stanton are DISMISSED WITH PREJUDICE; Garcia's claims against Defendants Jane Doe and John Doe are DISMISSED WITHOUT PREJUDICE; and Garcia's Motion in Opposition to Summary Judgment (Doc. No. 33) is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: September 2, 2009 s/Ann D. Montgomery ANN D. MONTGOMERY United States District Judge