Williams v. Ludeman et al

Filing 44

ORDER OVERRULING 39 Objections; ADOPTING 38 Report and Recommendation; GRANTING 11 Motion to Dismiss; GRANTING 16 Motion to Dismiss, treated as a motion for summary judgment; DISMISSING this matter WITH PREJUDICE. (Written Opinion). Signed by Judge Richard H. Kyle on 06/28/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Dale Williams, Sr.,

Civil No. 10-3041 (RHK/FLN)

Plaintiff,

ORDER

v.
Cal R. Ludeman and James Arneson,
Defendants.
________________________________________________________________________
Before the Court are Plaintiff’s Objections to the May 25, 2011 Report and
Recommendation of Magistrate Judge Franklin L. Noel. After a de novo review of the objectedto portions of the Report and Recommendation, the undersigned concludes that Judge Noel’s
findings and recommendations are fully supported by the factual record before him, his
recommendations are supported by controlling legal principles, and Plaintiff’s Objections are
without merit.
Accordingly, and upon all the files, records, and proceedings herein, IT IS ORDERED:
1. Plaintiff’s Objections (Doc. No. 39) are OVERRULED;
2. The Report and Recommendation (Doc. No. 38) is ADOPTED;
3. Defendant Cal R. Ludeman’s Motion to Dismiss (Doc. No. 11) is GRANTED;
4. Defendant James Arneson’s Motion to Dismiss (Doc. No. 16) is treated as a motion
for summary judgment and is GRANTED; and
5. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 28, 2011
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge