Geiger et al v. Minnesota Department of Human Services et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Motion for Miscellaneous Relief filed by Kenny S. Daywitt (Written Opinion). Plaintiff Kenny S. Daywitt is dismissed withouth prejudice. Signed by Judge John R. Tunheim on July 15, 2014. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _____________________________________________________________________ CHARLES MICHAEL GEIGER et al, Civil No. 14-1576 (JRT/LIB) Plaintiffs, v. ORDER ADOPTING REPORT AND RECOMMENDATION MINNESOTA DEPARTMENT OF HUMAN SERVICES et al, Defendants. ________________________________________________________________________ Kenny S. Daywitt, MSOP-Moose Lake, 1111 Minnesota 73, Moose Lake, MN 55767, pro se plaintiff, Uzodima F Aba-Onu, Minnesota Attorney General's Office, 445 Minnesota Street, Suite 1100, St Paul, MN 55101-2128, 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 ORDERED: The Court construing Plaintiff Daywitt’s Motion to Dismiss as a Notice of Voluntary Dismissal, and, accordingly, that the present action, as alleged by Plaintiff Daywitt, is DISMISSED WITHOUT PREJUDICE. Plaintiff Geiger’s claims are unaffected by the present order. Dated: July 15, 2014 s/John R. Tunheim JOHN R. TUNHEIM United States District Judge

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