Westley v. Mann et al

Filing 128

ORDER: The Court adopts the Report and Recommendation 124 . Therefore, IT IS ORDERED THAT: (1) Defendant Wayne M. Pathmans Motion to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) 84 is GRANTED. The Complaint as to Pathman is DISMISSED WITHOUT PREJUDICE. (2) Plaintiffs Response Extension Motion & Showing to Defendant Wayne M. Pathmans Motion to Dismiss Complaint 96 is DENIED. (3) The hearing date in Plaintiffs notice is STRICKEN. (Written Opinion) Signed by Judge Joan N. Ericksen on December 18, 2012. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
John D. Westley,
Plaintiff,
v.

Civil No. 11-3704 (JNE/JSM)
ORDER

James Robert Mann et al.,
Defendants.
In a Report and Recommendation dated November 26, 2012, the Honorable Janie S.
Mayeron, United States Magistrate Judge, recommended that Defendant Wayne M. Pathman’s
Motion to Dismiss Plaintiff’s Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) be granted and that
Plaintiff’s Response Extension Motion & Showing to Defendant Wayne M. Pathman’s Motion to
Dismiss Complaint be denied. On December 10, 2012, Plaintiff filed a motion to strike the
November 26 Report and Recommendation, as well as a notice of hearing. The date listed in the
notice was not obtained from the Court. It is stricken as invalid. The Court construes Plaintiff’s
motion to strike as an objection to the Report and Recommendation. The Court has conducted a
de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts
the Report and Recommendation [Docket No. 124]. Therefore, IT IS ORDERED THAT:
1.

Defendant Wayne M. Pathman’s Motion to Dismiss Plaintiff’s Complaint
Pursuant to Fed. R. Civ. P. 12(b)(2) [Docket No. 84] is GRANTED. The
Complaint as to Pathman is DISMISSED WITHOUT PREJUDICE.

2.

Plaintiff’s Response Extension Motion & Showing to Defendant Wayne M.
Pathman’s Motion to Dismiss Complaint [Docket No. 96] is DENIED.

3.

The hearing date in Plaintiff’s notice [Docket No. 126] is STRICKEN.

Dated: December 18, 2012
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge