Philippi v. Brellenthin et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 . 11 Motion to Dismiss/Lack of Jurisdiction filed by Bart B. Brellenthin, Greg Kane, and 16 Motion to Dismiss/General filed by John Wenker, Brother Benedict Leuthner are GRANTED. Plaintiffs claims are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge John R. Tunheim on February 23, 2012. (HAM) cc: Michael J. Philippi. Modified on 2/23/2012 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

MICHAEL J. PHILIPPI,

Civil 11-2389 (JRT/LIB)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

BART B. BRELLENTHIN, et al.,
Defendants.

Michael Philippi, Post Office Box 221, Waverly, MN 55390, pro se plaintiff.
Richard Rose, UNITED STATES DEPARTMENT OF JUSTICE, TAX
DIVISION, Post Office Box 7238, Ben Franklin Station, Washington, DC
20044, for Defendants Bart Brellenthin and Greg Kane.
Garin Strobl and Michael Ford, QUINLIVAN & HUGHES, PA, Post Office
Box 1008, Saint Cloud, MN 56302, for Defendants Brother Benedict Leuthner
and John Wenker.
The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Leo I. Brisbois dated January 26, 2012 [Docket No.
27]. No objections have been filed to that Report and Recommendation in the time period
permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of
the files, records and proceedings herein, IT IS HEREBY ORDERED that all
Defendants’ Motions to Dismiss [Docket Nos. 11, 16] be GRANTED and Plaintiff’s
claims are DISMISSED WITH PREJUDICE.

DATED: February 23, 2012
at Minneapolis, Minnesota

___ s/ John R. Tunheim _____
JOHN R. TUNHEIM
United States District Judge