Myers v. Anoka County Sheriff et al

Filing 68

ORDER ADOPTING 66 Report and Recommendation, OVERRULING 67 Objections; GRANTING 52 Motion for Summary Judgment; DISMISSING and CLOSING this action. (Written Opinion). Signed by Judge Richard H. Kyle on 07/14/10. (kll)

Myers v. Anoka County Sheriff et al

Doc. 68

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Todd Curtis Myers, Plaintiff, v. Anoka County Sheriff, Officer Schroeder, Nursing Staff, and Dr. on Call, Defendants.

Civil No. 09-528 (RHK/JJK) ORDER

Before the Court are Plaintiff's Objection to the June 4, 2010 Report and Recommendation of Magistrate Judge Jeffrey J. Keyes; Judge Keyes has recommended that Plaintiff's claims against Defendant Schroeder be dismissed with prejudice, his claims against "Nurseing [sic] Staff" and "Dr. on Call" be dismissed without prejudice and the action be dismissed. The Court has conducted a de novo review of the Report and Recommendation of Judge Keyes and Plaintiff's Objections therein. That review satisfies the undersigned that Judge Keyes' recommended disposition is fully supported by the record before him and applicable legal principles. Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED: 1. Plaintiff's Objections (Doc. No. 67) are OVERRULED; 2. The Report and Recommendation (Doc. No. 66) is ADOPTED;

Dockets.Justia.com

3. Defendant Schroder's Motion for Summary Judgment (Doc. No. 52) is GRANTED; 4. Plaintiff's claims against Defendant Schroeder are DISMISSED WITH PREJUDICE; 5. Plaintiff's claims against Defendants "Nurseing [sic] Staff" and "Dr. on Call," are DISMISSED WITHOUT PREJUDICE, pursuant to Fed. R. Civ. P. 4(m); and 6. This action is DISMISSED and CLOSED. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: July 14, 2010 s/Richard H. Kyle RICHARD H. KYLE United States District Judge