Moore v. Bertsch

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Anthony Moore's Objections (Doc. No. 5 ) to Magistrate Judge Leo I. Brisbois's September 22, 2011 Report and Recommendation are OVERRULED. 2. Magistrate Judge Leo I. Brisbois's Se ptember 22, 2011 Report and Recommendation (Doc. No. 4 ), is ADOPTED. 3. Petitioner's petition for a writ of habeas corpus (Doc. No. 1 ) is DENIED. 4. This action is DISMISSED WITHOUT PREJUDICE. 5. Petitioner is NOT granted a Certificate of Appealability. 6. Petitioner's Motions for Summary Judgment (Doc. Nos. 6 and 11 and Motion for Contempt (Doc. No. 9 ) are DISMISSED as moot. (Written Opinion). Signed by Judge Donovan W. Frank on 11/22/2011. (BJS) CC: Moore. (KT)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Anthony Moore,

Civil No. 11-2692 (DWF/LIB)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

LeAnn K. Bertsch,
Defendant.

Anthony Moore, Pro Se, Plaintiff.

This matter is before the Court upon pro se Plaintiff Anthony Moore’s (“Plaintiff”)
self-styled objections (Doc. No. 5) to Magistrate Judge Leo I. Brisbois’s September 22,
2011 Report and Recommendation insofar as it recommends that: (1) Plaintiff’s
application for leave to proceed in forma pauperis be denied; (2) Plaintiff’s motion for
appointment of counsel be denied; and (3) this action be summarily dismissed without
prejudice. (Doc. No. 4.)
The Court has conducted a de novo review of the record, including a review of
Plaintiff’s arguments and submissions, 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.

The Court has carefully reviewed the record and concludes that Plaintiff’s
objections offer no basis for departure from the Report and Recommendation. Plaintiff
objects to the Magistrate Judge’s conclusion that the action be dismissed for lack of
personal jurisdiction over the sole named Defendant but offers no legal support for his
objection. 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 Anthony Moore’s objections (Doc. No. [5]) to Magistrate Judge

Leo I. Brisbois’s September 22, 2011 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Leo I. Brisbois’s September 22, 2011 Report and

Recommendation (Doc. No. [4]), is ADOPTED.
3.

Petitioner’s petition for a writ of habeas corpus (Doc. No. [1]) is DENIED.

4.

This action is DISMISSED WITHOUT PREJUDICE.

5.

Petitioner is NOT granted a Certificate of Appealability.

6.

Petitioner’s Motions for Summary Judgment (Doc. Nos. [6] and [11] and

Motion for Contempt (Doc. No. [9]) are DISMISSED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 22, 2011

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

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