Ukofia v. Bureau of Immigration and Customs Enforcement et al

Filing 49

ORDER ON REPORT AND RECOMMENDATION adopting 43 Report and Recommendation. IT IS HEREBY ORDERED that: 1. The Motion to Dismiss by Defendants Sherburne County Jail, Sherburne County Jail Clinic, Rachel Cannings, Cari Bancroft, and Dr. Leonard (Doc. No. 11 ) is GRANTED, and all claims against these Defendants are DISMISSED; 2. The Motion to Dismiss by Defendants Department of Homeland Security, Bureau of Immigration and Customs Enforcement, Bureau of Immigration Appeals, Terry Louie, Amy Zask e, Jared Drengson, Scott Baniecke, Kenneth Olson, and Five Unknown Agents (Doc. No. 30 ) are GRANTED IN PART and DENIED IN PART, as follows: a. All claims against the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, B ureau of Immigration Appeals, Terry Louie, Amy Zaske, Jared Drengson, and Scott Baniecke are DISMISSED; b. All claims, except the Bivens excessive force claim, against Kenneth Olson and the Five Unknown Agents are DISMISSED; and 3. The Motion for Extension of Time to Plead and Renewed Request for Appointment of Counsel (Doc. No. 40 ) is GRANTED as to the extension but is DENIED as to appointment of counsel. (Written Opinion). Signed by Judge Patrick J. Schiltz on 2/17/10. (sf)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Anthony Austine Ukofia, Civil No. 09-0017 (PJS/JJG)

Plaintiff, v.
Department of Homeland Security, Amy Zaske, Terry Louie, Jared Drengson, Bureau of Immigration & Customs Enforcement, Kenneth Olson, Five Other Unknown Deportation Officers of the Bureau of Immigration & Customs Enforcement, Sherburne County Jail, Sherburne County Jail Clinic, Cari, a nurse at the Clinic, and Rachel Cannings,

ORDER ON REPORT AND RECOMMENDATION

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. Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. The Motion to Dismiss by Defendants Sherburne County Jail, Sherburne County Jail Clinic, Rachel Cannings, Cari Bancroft, and Dr. Leonard (Doc. No. 11) is GRANTED, and all claims against these Defendants are DISMISSED; The Motion to Dismiss by Defendants Department of Homeland Security, Bureau of Immigration and Customs Enforcement, Bureau of Immigration Appeals, Terry Louie, Amy Zaske, Jared Drengson, Scott Baniecke, Kenneth Olson, and Five Unknown Agents (Doc. No. 30) are GRANTED IN PART and DENIED IN PART, as follows:

2.

a.

All claims against the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, Bureau of Immigration Appeals, Terry Louie, Amy Zaske, Jared Drengson, and Scott Baniecke are DISMISSED; All claims, except the Bivens excessive force claim, against Kenneth Olson and the Five Unknown Agents are DISMISSED; and

b. 3.

The Motion for Extension of Time to Plead and Renewed Request for Appointment of Counsel (Doc. No. 40) is GRANTED as to the extension but is DENIED as to appointment of counsel.

Dated: 02/17/2010

s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge

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