Anderson v. United States of America et al

Filing 85

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Dexter D. Anderson's objections (Doc. No. 82 ) to Magistrate Judge Leo I. Brisboiss January 25, 2013 Report and Recommendation are OVERRULED. 2. Magistrate Judge Leo I. Brisbois's Jan uary 25, 2013 Report and Recommendation (Doc. No. 78 ) is ADOPTED. 3. Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. No. 40 ) is GRANTED. 4. This action is DISMISSED WITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 3/20/2013. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Dexter D. Anderson,

Civil No. 11-1486 (DWF/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

United States of America; B.R. Jett, Warden;
S. Young, Associate Warden; C. Nickrenz,
Associate Warden; M. Nelson, Clinical
Director-Dr.; L. Krieg, Doctor; J. Schultz,
CDR-Rehab Services; and J. Feda,
DPT-OCS-Rehab Services,
Defendants.

This matter is before the Court on Plaintiff Dexter D. Anderson’s (“Plaintiff”)
objections (Doc. No. 82) to Magistrate Judge Leo I. Brisbois’s January 25, 2013 Report
and Recommendation (Doc. No. 78) insofar as it recommends that:

(1) Defendants’

Motion to Dismiss or, in the Alternative for Summary Judgment, be granted; and (2) this
action be dismissed with prejudice.
on March 11, 2013.

Defendants filed a response to Plaintiff’s objections

(Doc. No. 84.)

The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b).

The factual background for the above-entitled matter is clearly and

precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Plaintiff’s objections.

Plaintiff objects to the recommendation that his claims against the individual
defendants for the alleged violation of Plaintiff’s constitutional rights, and Plaintiff’s
claim against the United States under the FTCA to recover for injuries allegedly caused
by the negligence of the individual defendants, be dismissed.

Plaintiff’s claims stem

from medical treatment received after he incurred a knee injury playing football while
serving his sentence at the Federal Correctional Institution in Pekin, Illinois.

The

Magistrate Judge concluded that none of Plaintiff’s claims should survive summary
judgment.

Plaintiff objects to this conclusion and maintains that he was injured as a

result of the medical treatment he received, and that he was retaliated against by
Defendants. The Court disagrees and, having carefully reviewed the record, concludes
that Plaintiff’s objections offer no basis for departure from the Report and
Recommendation.
Based upon the de novo review of the record and all of the arguments and
submissions of the parties, and the Court being otherwise duly advised in the premises,
the Court hereby enters the following:
ORDER
1.

Plaintiff Dexter D. Anderson’s objections (Doc. No. [82]) to Magistrate

Judge Leo I. Brisbois’s January 25, 2013 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Leo I. Brisbois’s January 25, 2013 Report and

Recommendation (Doc. No. [78]) is ADOPTED.
2

3.

Defendants’ Motion to Dismiss or, in the Alternative, for Summary

Judgment (Doc. No. [40]) is GRANTED.
4.

This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated:

March 20, 2013

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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