LaFountaine v. Reishus et al

Filing 170

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Granting 93 Motion for Summary Judgment filed by Stephen Craane; Denying 131 Motion for Miscellaneous Relief filed by Richard John LaFountaine; Overruling 164 Motion for Miscellaneous Relief file d by Richard John LaFountaine; Granting 98 Motion for Summary Judgment filed by Kathy Reid, Barb Nelson, Dave Reishus, David Paulson; Adopting 161 Report and Recommendation. (Written Opinion). Signed by Senior Judge David S. Doty on 8/27/2014. (PJM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 13-355(DSD/JJK) Richard John LaFountaine, Plaintiff, ORDER v. Dave Reishus, David Paulson, Stephen Craane, Barb Nelson, Kathy Reid, individually and in their official capacities, Defendants. Richard J. LaFountaine, 203751, MCF-Oak Park Heights, 5329 Osgood Avenue North, Stillwater, MN 55082, pro se. Scott A. Grosskreutz, Minnesota Attorney General’s Office, Suite 900, 445 Minnesota Street, St. Paul, MN 55101; Andrea P. Hoversten, Charles A. Gross and Geraghty, O’Loughlin & Kenney, PA, Alliance Bank Center, Suite 1100, 55 East Fifth Street, St. Paul, MN 55101, counsel for defendants. This matter is before the court upon the objections by pro se plaintiff Richard John LaFountaine to the July 16, 2014, report and recommendation of Magistrate Judge Jeffrey J. Keyes. The magistrate judge recommended that the court grant defendants’ motions for summary judgment, deny LaFountaine’s motion concerning altered medical documents and that the action be dismissed with prejudice. LaFountaine objects for reasons not responsive to the report and recommendation. The court reviews the report and recommendation de novo. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b). After a thorough review of the file and record, the court finds that the report and recommendation is well-reasoned and Accordingly, IT IS HEREBY ORDERED that: correct. 1. The objections [ECF No. 164] to the magistrate judge’s report and recommendation are overruled; 2. The magistrate judge’s report and recommendation [ECF No. 161] is adopted in its entirety; 3. The motions for summary judgment [ECF Nos. 93, 98] are granted; 4. The motion concerning altered medical documents [ECF No. 131] is denied; and 5. The action is dismissed with prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 27, 2014 s/David S. Doty David S. Doty, Judge United States District Court 2

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