Parsons v. Swanson et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Magistrate Judge Dulce J. Foster's March 25, 2024 Report and Recommendation (Doc. No. 55 ) is ADOPTED. Defendant Sharyn L. Barney's Motion to Dismiss Third Amended Complaint (Doc. No. 42 ) is GRANTED. This action is DISMISSED WITH PREJUDICE. Signed by Judge Donovan W. Frank on 4/19/2024.(las)

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

Civil No. 12-646 (DWF/DJF)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Sharyn L. Barney,
Defendant.
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Dulce J. Foster dated March 25, 2024. (Doc. No. 55.) 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 granting Barney’s motion to dismiss the third amended
complaint and dismissing the action with prejudice because the statute of limitations on
Parson’s claim against Barney has run and “neither equitable tolling nor relation back
applies.” (Doc. No. 55 at 10.) Upon review, the Court finds no clear error. See Fed. R.
Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no timely objection
is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”). 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 March 25, 2024 Report and

Recommendation (Doc. No. [55]) is ADOPTED.
2.

Defendant Sharyn L. Barney’s Motion to Dismiss Third Amended

Complaint (Doc. No. [42]) is GRANTED.
3.

This action is DISMISSED WITH PREJUDICE

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 19, 2024

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

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