Stuke v. Leonard, Street and Deinard et al

Filing 76

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS Magistrate Judge Steven Rau's Report and Recommendation dated May 10, 2011 42 . 2. The Court ADOPTS Magistrate Judge Steven Rau's Report and Recommendation dated May 20, 2011 58 . 3. Plaintiff's Motions for Default Judgment 8 , 11 are DENIED. 4. Plaintiff's Motions for Declaratory Judgment 7 , 23 , 24 , 28 are DENIED. 5. This action is DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 6/22/11. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

RICHARD JAMES STUKE,
Plaintiff,

v.

ORDER
Civil File No. 11-141 (MJD/SER)

LEONARD STREET & DEINARD,
JEFFREY A. EHRICH, Leonard
Street and Deinard attorney; JOEL
E. ABRAHAMSON, Leonard Street
and Deinard attorney; and UNION
GOSPEL MISSION, the “Mission;”
Defendants.
Richard James Stuke, pro se.
Keith S. Moheban, Leonard Street and Deinard, PA, Counsel for Defendants.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Steven E. Rau dated May 10,
2011 [Docket No. 42] and the Report and Recommendation of United States
Magistrate Judge Steven E. Rau dated May 20, 2011 [Docket No. 58]. Plaintiff has
filed objections.

1

Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court ADOPTS the Reports and Recommendations of United States Magistrate
Judge Rau dated May 10, 2011, and May 20, 2011.
On May 20, 2011, after the second Report and Recommendation was filed,
Plaintiff submitted a number of documents, found at Docket No. 60, including an
acknowledgment from the Minnesota Secretary of State, dated May 19, 2011, of
the receipt of documents to be served on the “Union Gospel Mission c/o Leonard
Street and Deinard.” Leonard Street and Deinard is not authorized to accept
service on behalf of the Union Gospel Mission; nor is there evidence that the
documents served included a valid Summons and Complaint. None of the
documents submitted by Plaintiff demonstrate proper service of any of the
Defendants in this matter by the May 29, 2011 deadline. Nor do any of the
documents mailed to Leonard Street and Deinard, and filed by Defendants at
Docket No. 69, constitute a valid Summons and Complaint. Therefore, the Court
adopts the May 20 Report and Recommendation’s finding that Plaintiff has failed
to serve any of the Defendants in this matter in the time allotted by the Federal
Rules of Civil Procedure.

2

Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1.

The Court ADOPTS Magistrate Judge Steven Rau’s Report and
Recommendation dated May 10, 2011 [Docket No. 42].

2.

The Court ADOPTS Magistrate Judge Steven Rau’s Report and
Recommendation dated May 20, 2011 [Docket No. 58].

3.

Plaintiff’s Motions for Default Judgment [Docket Nos. 8, 11] are
DENIED.

4.

Plaintiff’s Motions for Declaratory Judgment [Docket Nos. 7, 23, 24,
28] are DENIED.

5.

This action is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 22, 2011

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

3