Stevens v. Dayton et al
Filing
25
ORDER ACCEPTING REPORT AND RECOMMENDATION 19 . Partial dismissal of complaint without prejudice. (Written Opinion) Signed by Judge Nancy E. Brasel on 2/7/2023. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
KARL GODFREY STEVENS,
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, SCOTT G. BENOIT,
DR. ANN MARIE LAVALLEY‐WOOD,
TERRANCE KNEISEL, TIMOTHY GORR,
DAVID BORNUS, ERIK SKON, SCOTT G.
SUTTON, JAMIE JUNGERS, SUE
JOHNSON, YVETTE ANDERSON, ANN
ZIMMERMAN, AMANDA FUREY,
ANNIE KOSLOSKI, JEAN M. SEYKORA,
TARA OSBORNE, DEBORAH J.
KONIESKA, JENNIFER L. JONES, DEBRA
K. JAMES, RICHARD B. PARZY, TERESA
M. KNIES, KENT JOHANSEN, JANE E.
STINAR, DARREL E. JENSEN, NATHAN
A. JOHNSON, STEVEN A. JANZ, ERIN
O’CONNOR, MICHAEL A. ANDERSON,
and MARK HANSEN, each sued in their
individual capacity and in their official capacity
as employees of the Department of Human
Services,
Defendants.
Case No. 12‐CV‐495 (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. 19.) 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. 19) 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;
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3.
m.
Ground Sixteen;
n.
Ground Eighteen;
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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