Banks v. Jesson et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that:1.Any and all claims asserted in Paragraph 16 of the Amended Complaint [Doc. No. 57] are dismissed with prejudice. Defendants Matthew Fischels, Steve Frohrip, Joan Breisler, Brenda Willard, Mediacom Communications Corp, and Mediacom, are summarily DISMISSED from this action pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii). (Written Opinion). Signed by Chief Judge Michael J. Davis on 12/15/11. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Eugene Christopher Banks,

Civ. No. 11-1706 (MJD/JJK)

Plaintiff,
v.
Lucinda Jesson, et al.,
ORDER
Defendants.

This matter is before the Court upon the Report and Recommendation of
United States Magistrate Judge Jeffrey J. Keyes dated November 3, 2011. Plaintiff
objects to the Report and Recommendation, noting that Plaintiff made errors in
attempting to amend the complaint. Plaintiff further objects to the Magistrate
Judge’s reference to cases involving prisoner rights, as Plaintiff is not a prisoner.
Plaintiff was indeterminately civilly committed a sexually dangerous
person. Banks v. Goodno, No. A05-1861, 2006 WL 330210 (Minn. Ct. App. Feb.
14, 2006). As such, “his liberty interests are considerably less than those held by
members of free society.” Senty-Haugen v. Goodno, 462 F.3d 876, 886 (8th Cir.
2006). Furthermore, the right to watch television would certainly be deemed a

de minimis restriction “with which the Constitution is not concerned.” Id. (citing
Bell v. Wolfish, 441 U.S. 520, 539 n. 21 (1979)).
Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1)(B); Local Rule 72.2(b). Based on that review, the
Court will adopt the Report and Recommendation in its entirety.
IT IS HEREBY ORDERED that:
1.

Any and all claims asserted in Paragraph 16 of the Amended

Complaint [Doc. No. 57] are dismissed with prejudice. Defendants Matthew
Fischels, Steve Frohrip, Joan Breisler, Brenda Willard, Mediacom
Communications Corp, and Mediacom, are summarily DISMISSED from this
action pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii).

Date: December 15, 2011
s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Judge