Wickner v. Bender et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Franklin L. Noel's Report and Recommendation dated January 26, 2017 (Doc. No. 35 ) is ADOPTED. 2. Defendants' collective motion to dismiss (Doc. No. 13 ) is DENIED ASMOOT. (Written Opinion). Signed by Judge Donovan W. Frank on 2/17/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Lance Wickner,

Civil No. 12-1452 (DWF/FLN)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Robert Bender, Thomas Cherro,
and Jeff Laine,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Franklin L. Noel dated January 26, 2017. (Doc.
No. 35.) No objections have been filed to that 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.
Based upon the Report and Recommendation of the Magistrate Judge and upon all of the
files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Franklin L. Noel’s Report and Recommendation dated

January 26, 2017 (Doc. No. [35]) is ADOPTED.
2.

Defendants’ collective motion to dismiss (Doc. No. [13]) is DENIED AS

MOOT.
Dated: February 17, 2017

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