Bandy v. Commissioner of Correction et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Motion to Dismiss/General filed by McDonald Will, 56 Motion for Miscellaneous Relief filed by Joe H. Bandy, III, 38 Motion to Dismiss/General filed by Thane Murphy,(Written Opinion). Signed by Judge John R. Tunheim on May 15, 2014. (HAZ) cc: Joe H. Bandy, III on 5/16/2014 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
JOE H. BANDY, III,

Civil No. 13-2209 (JRT/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

COMMISSIONER OF CORRECTION, et
al,
Defendant.
________________________________________________________________________

Joe H. Bandy, III, 1111 Hwy 73, Moose Lake, MN 55767, pro se plaintiff,
Margaret E Jacot, Thomas Madison, Uzodima Aba-Onu, MINNESOTA
ATTORNEY GENERAL'S OFFICE, Suite 900, 445 Minnesota Street, St
Paul, MN 55101-2127, Daniel P Rogan, HENNEPIN COUNTY
ATTORNEY'S OFFICE, Suite A2000, 300 South Sixth Street,
Minneapolis, MN 55487 for defendants.

Based upon the Report and Recommendation of United States Magistrate
Judge Leo I. Brisbois, and after an independent review of the files, records and
proceedings in the above-entitled matter,
IT IS HEREBY ORDERED:
1.

That Plaintiff’s Motion for Partial Voluntary Dismissal, [Docket No. 56], is

GRANTED, and that Defendants Beth Verdin, Will McDonald, Thane Murphy
and Corry Vargason are DISMISSED without prejudice.
2.

That Defendant McDonand’s Motion to Dismiss, [Docket No. 10], is

DENIED as moot.
3.

That Defendant Murphy’s Motion to Dismiss, [Docket No. 38], is

DENIED as moot.
Dated: May 15, 2014

s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge