Spencer v. Federal Bureau of Prisons et al

Filing 69

ORDER adopting Report and Recommendation 59 : Defendants' Motion to Dismiss [Docket No. 49 ] is DENIED. Defendants shall file their Answer to the Amended Complaint within 30 days of this Order. (Written Opinion) Signed by Judge Joan N. Ericksen on October 10, 2014. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
John Anthony Spencer,
Plaintiff,
v.

Civil No. 13-177 (JNE/JJK)
ORDER

Warden FPC Duluth,
CO Anderson, CO Baker,
CO Grabddl, CO Brian H.,
Unknown CO with CO Baker
on 12-9-12, Mail Room Staff
of Dec. 12, 2012 FPC Duluth, et al.,
Defendants.

This matter is before the Court on a Report and Recommendation issued by the
Honorable Jeffrey J. Keyes, United States Magistrate Judge, on September 3, 2014. Defendants
filed an objection to the Report and Recommendation. 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. 59].
Therefore, IT IS ORDERED THAT:
1.

Defendants’ Motion to Dismiss [Docket No. 49] is DENIED.

2.

Defendants shall file their Answer to the Amended Complaint within 30
days of this Order.

Dated: October 10, 2014
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge