Flowers v. Dubbs et al

Filing 29

ORDER Overruling 28 Objections; Adopting 25 Report and Recommendation; granting 14 Motion to Dismiss/General; Dismissing With Prejudice 1 Complaint. (Written Opinion). Signed by Judge Richard H. Kyle on 06/13/11. (kll)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Darrick Flowers, Civil No. 10-1555 (RHK/AJB) Plaintiff, ORDER v. D. Dubbs, Associate Warden, et al., Defendants. The undersigned has reviewed de novo the May 9, 2011 Report and Recommendation of Chief Magistrate Judge Arthur J. Boylan and Plaintiff’s Objections thereto and concluded that Judge Boylan’s recommended disposition is fully supported by the record before him and supported by controlling legal principles. Accordingly, and upon all the files and records, and proceedings herein, IT IS ORDERED: 1. Plaintiff’s Objections (Doc. No. 28) are OVERRULED; 2. The Report and Recommendation (Doc. No. 25) is ADOPTED; 3. Defendants= Motion to Dismiss (Doc. No. 14) is GRANTED; and 4. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: June 13, 2011 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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