Parsons v. Swanson et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Magistrate Judge Dulce J. Foster's August 24, 2023, Report and Recommendation (Doc. No. 35 ) is ADOPTED. Count 1 of Plaintiff Raymond A. Parson, Jr.'s Third Amended Complaint is allowed to pro ceed at this time to the extent that it asserts claims against Defendant Barney in her individual capacity under 42 U.S.C. § 1983 arising under the Eighth Amendment. All Counts in the Third Amended Complaint are DISMISSED WITH PREJUDICE to the extent that they bring direct claims under the United States or Minnesota Constitutions, 42 U.S.C. § 1988 or 42 U.S.C. § 2000dd, or are duplicative of the claims asserted in Count 1. The remainder of the Third Amended Complaint is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Donovan W. Frank on 9/28/2023. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Raymond A. Parson, Jr.,

Civil No. 12-646 (DWF/DJF)

Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
Sharyn L. Barney, Nancy Johnston,
Thomas Lundquist, and Department of
Human Services,
Defendants.

This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Dulce J. Foster dated August 24, 2023 (Doc. No. 35). No
objections have been filed to the Report and Recommendation in the time period
permitted.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference. The
Magistrate Judge recommended (1) allowing Count 1 of Plaintiff’s Third Amended
Complaint to proceed to the extent that it asserts claims against Defendant Barney in her
individual capacity under 42 U.S.C. § 1983 arising under the Eighth Amendment;
(2) dismissing all counts in the Third Amended Complaint with prejudice to the extent
that they bring direct claims under the United States or Minnesota Constitutions,
42 U.S.C. § 1988 or 42 U.S.C. § 2000dd, or are duplicative of the claims asserted in
Count 1; and (3) dismissing the remainder of the Third Amended Complaint without

prejudice. Based upon the Report and Recommendation of the Magistrate Judge and
upon all the files, records, and proceedings herein, the Court now enters the following:
ORDER
1.

Magistrate Judge Dulce J. Foster’s August 24, 2023, Report and

Recommendation (Doc. No. [35]) is ADOPTED.
2.

Count 1 of Plaintiff Raymond A. Parson, Jr.’s Third Amended Complaint

is allowed to proceed at this time to the extent that it asserts claims against Defendant
Barney in her individual capacity under 42 U.S.C. § 1983 arising under the Eighth
Amendment.
3.

All Counts in the Third Amended Complaint are DISMISSED WITH

PREJUDICE to the extent that they bring direct claims under the United States or
Minnesota Constitutions, 42 U.S.C. § 1988 or 42 U.S.C. § 2000dd, or are duplicative of
the claims asserted in Count 1.
4.

The remainder of the Third Amended Complaint is DISMISSED

WITHOUT PREJUDICE.
Dated: September 28, 2023

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

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