Richards v. Holder et al

Filing 509

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 375 Motion for Summary Judgment filed by Sheila Packwood, Thomas A. Roy, Mike Hemerding, State of Minnesota, Nanette M. Larson, denying 469 Motion for Sanctions filed by Leonard J. Richard s, denying 482 Motion to Strike Pleading filed by Leonard J. Richards, denying 402 Motion for Restoration of Meals Delivered to Housing Unit filed by Leonard J. Richards, and denying 506 Motion to Stay, Motion for Extension of Time (General) filed by Leonard J. Richards (Written Opinion). Signed by Chief Judge John R. Tunheim on September 19, 2017. (HAZ) Modified text on 9/19/2017 (ACH). cc: Richards

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

LEONARD J. RICHARDS,

Civil No. 13-3029 (JRT/TNL)

Plaintiff,
v.

ORDER

STATE OF MINNESOTA, by Lori R.
Swanson, its Attorney General; MIKE
HERMERDING, State Program
Administrative Manager Principal of the
Department of the State of Minnesota
(“DOC”), in his individual and official
capacities; SHEILA PACKWOOD, Food
Program Director of the DOC, in her
individual and official capacities;
NANETTE M. LARSON, Health Services
Director of the DOC, in her individual and
official capacities; THOMAS A. ROY
(a/k/a Tom Roy), Commissioner of the
DOC, in his individual and official
capacities; MARK BRANDT DAYTON
(a/k/a Mark Dayton), Governor of the State
of Minnesota, in his official capacity;
STEPHEN F. SIMON (a/k/a Steve Simon),
Secretary of State of the State of Minnesota
(the “Secretary”), in his individual
capacity; BRADLEY K. ANDERSON
(a/k/a Brad Anderson), Election
Administrator of the Secretary, in his
individual capacity; and all persons in
concert with any of the defendants or on
their behalf,
Defendants.

Leonard J. Richards, #149837, MCF- Oak Park Heights, 5329 North Osgood
Avenue, Stillwater, MN 55082, pro se plaintiff.

Scott A. Grosskreutz, Assistant Attorney General, MINNESOTA
ATTORNEY GENERAL’S OFFICE, 455 Minnesota Street, Suite 1800,
St. Paul, MN, 55101, for defendants.
Plaintiff filed a MOTION/REQUEST for Extension of Time (Docket No. 501)
requesting a 60 day extension to the deadline for objections to the Report and
Recommendation. The Court entered an order granting the request in part and extended
the deadline for objections to September 11, 2017. The order also stated that no further
extensions to the deadline would be granted. On September 7, 2017, the Court received
plaintiff’s Motion to Stay Proceedings or, Alternatively, to Extend Time (Docket No.
506) rather than any objections.
Based upon the Report and Recommendation by United States Magistrate Judge
Tony N. Leung dated July 28, 2017 (Docket No. 499), along with all the files and
records, and no objections to said Recommendation having been filed, IT IS HEREBY
ORDERED that:
1.

Defendants’ Motion for Summary Judgment (Docket No. 375) is
GRANTED.

2.

Richards’s request for relief under Rule 56(f)(1) is DENIED.

3.

Richard’s Emergency Motion of Plaintiff for Restoration of Meals
Delivered to Housing Unit (Docket No. 402) is DENIED.

4.

Richards’s Motion and Memorandum for Sanctions Against the State DOC
Defendants and Their Attorneys Under Rule 56(h) (Docket No. 469) is
DENIED.

5.

Richards’s Motion to Strike the State Defendants’ Improper Submission
(Docket No. 482) is DENIED.

6.

Richard’s Motion to Stay, Motion for Extension of Time (Docket No. 506)
is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: September 19, 2017
at Minneapolis, Minnesota.

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