Wedington v. U.S. Marshals

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS 36 . IT IS HEREBY ORDERED that: 1. Plaintiff's claims brought under the Federal Tort Claims Act are DISMISSED WITH PREJUDICE; and 2. Plaintiff's claims brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), are DISMISSED WITHOUT PREJUDICE.(Written Opinion). Signed by Judge John R. Tunheim on November 9, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ CALVIN SCOTT WEDINGTON, Plaintiff, v. U.S. MARSHALS, Defendant. _______________________________________________________________________ Calvin Scott Wedington, #18915-037, Federal Medical Center, PMB 4000, Rochester, MN 55904, pro se plaintiff. Ana Voss, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated October 13, 2009 [Docket No. 36]. 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, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Plaintiff's claims brought under the Federal Tort Claims Act are DISMISSED WITH PREJUDICE; and ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 09-1019 (JRT/FLN)

2.

Plaintiff's claims brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), are DISMISSED WITHOUT PREJUDICE.

DATED: November 9, 2009 at Minneapolis, Minnesota.

s/John R. Tunheim JOHN R. TUNHEIM United States District Judge