Kelly v. Ramsey County Sheriffs Office et al

Filing 36

ORDER ADOPTING 32 Report and Recommendation; granting in part and denying in part 15 Motion to Dismiss filed St. Paul Police Department Defendants and 8 Motion to Dismiss filed by Ramsey County Defendants. Signed by Judge James M. Rosenbaum on 2/27/2009. (HLW)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Thomas John Kelly, Plaintiff, v. Ramsey County Sheriffs Office; Frerich, Correctional Officers; John Doe, Correctional Officers; St. Paul Police Department; Distell, Saint Paul Police Officers; Doe, Saint Paul Police Officers; and Rob, Jail Nurse; Defendants.

Civ. No. 08-5028 (JMR /JJK)

ORDER

Thomas John Kelly, 227367, MCF-St. Cloud, 2305 Minnesota Blvd. SE, St. Cloud, MN 563042424, pro se. C. David Dietz, Esq., Ramsey County Attorney, counsel for Defendants Ramsey County Sheriffs Office, St. Paul Correctional Officers Frerich and John Doe, and Jail Nurse Rob. Cheri M. Sisk, Esq., City of St. Paul Attorney's Office, counsel for Defendants St. Paul Police Department, and St. Paul Police Officers Distell and Doe. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated January 23, 2009. 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, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: The Motions of the Ramsey County Defendants (Doc. No. 8) and the St. Paul Police Department Defendants (Doc. No. 15) to dismiss the Complaint be GRANTED IN PART and DENIED IN PART, as follows:

1.

The municipal Defendants Ramsey County Sheriffs Office and St. Paul Police

Department be DISMISSED; and 2. DENIED. Date: February 27, 2009 s/James M. Rosenbaum James M. Rosenbaum United States District Judge The motion to dismiss the Complaint against the individual Defendants be