Carlson v. Minnesota Department of Employment and Economic Development et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATION 35 . Defendants Motion for Judgment on the Pleadings 12 is GRANTED. Plaintiffs Motion for Temporary Restraining Order 22 is DENIED. This case is DISMISSED. (Written Opinion) Signed by Judge Joan N. Ericksen on December 5, 2012. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Stephen Wayne Carlson,
Plaintiff,
v.

Civil No. 12-644 (JNE/JJK)
ORDER

Minnesota Department of Employment and
Economic Development; Commissioner Mark
R. Phillips, in Official Capacity; and Minnesota
Governor Mark Dayton, in Official Capacity,
Defendants.
In a Report and Recommendation dated October 17, 2012, the Honorable Jeffrey J.
Keyes, United States Magistrate Judge, recommended that Defendants’ Motion for Judgment on
the Pleadings be granted, that Plaintiff’s Motion for Temporary Restraining Order be denied, and
that this case be dismissed. Plaintiff objected, and Defendants responded. 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. 35]. Therefore, IT IS ORDERED
THAT:
1.

Defendants’ Motion for Judgment on the Pleadings [Docket No. 12] is
GRANTED.

2.

Plaintiff’s Motion for Temporary Restraining Order [Docket No. 22] is DENIED.

3.

This case is DISMISSED.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: December 5, 2012
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge