White v. Dayton et al
Filing
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ORDER ACCEPTING REPORT AND RECOMMENDATION 18 . Partial dismissal of the complaint without prejudice. (Written Opinion) Signed by Judge Nancy E. Brasel on 2/7/2023. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
RYAN J. WHITE,
Plaintiff,
v.
GOVERNOR MARK DAYTON,
ATTORNEY GENERAL LORI
SWANSON, CAL LUDEMAN,
LUCINDA JESSON, DENNIS BENSON,
DANIEL STORKAMP, GREGORY
CARLSON, KEVIN MOSER, JANINE
HEBERT, TOM LUNDQUIST,
ELIZABETH BARBO, JOHN or JANE
DOE, DEBBIE THAO, DR. ANN MARIE
LAVALLEY‐WOOD, TERRANCE
KNEISEL, KELLI MINOR, TIMOTHY
GORR, DAVID BORNUS, ERIK SKON,
JAMIE JUNGERS, SUE JOHNSON,
YVETTE ANDERSON, ANN
ZIMMERMAN, AMANDA FUREY,
ANDREA KOSLOSKI, SUE LINDA
ANDERSON and JAMES MARTINEZ,
each sued in their individual capacity and in
their official capacity as employees of the
Department of Human Services,
Defendants.
Case No. 11‐CV‐3702 (NEB/DJF)
ORDER ACCEPTING REPORT AND
RECOMMENDATION
The Court has received the January 3, 2023, Report and Recommendation of
United States Magistrate Judge Dulce J. Foster. (ECF No. 18.) No party has objected to
that Report and Recommendation, and the Court therefore reviews it for clear error. See
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all the files, records, and proceedings in the above‐
captioned matter, IT IS HEREBY ORDERED THAT:
1.
2.
The Report and Recommendation (ECF No. 18) is ACCEPTED;
The following claims are DISMISSED WITHOUT PREJUDICE:
a.
Ground One;
b.
The unlawful‐search claims raised in Ground Three;
c.
Ground Four;
d.
Ground Five;
e.
Ground Six;
f.
Ground Seven;
g.
Ground Eight;
h.
Ground Ten;
i.
Ground Twelve;
j.
Ground Thirteen;
k.
Ground Fourteen;
l.
Ground Fifteen;
m.
Ground Sixteen;
n.
Ground Eighteen;
2
3.
o.
Ground Nineteen;
p.
Ground Twenty; and
q.
Ground Twenty‐One.
Defendant John or Jane Doe is DISMISSED WITHOUT PREJUDICE from
this litigation.
4.
Each of the remaining Defendants are DISMISSED WITHOUT PREJUDICE
in their personal capacities.
Dated: February 7, 2023
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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