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

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Motion to Dismiss/General, filed by Minnesota Department of Human Services, John Doe, Terry Kneisel, Jane Doe, Craig Berg, Pat Grundmeier, Minnesota Sex Offender Program, Jannine Hebert, Ann Zimmerman, Kevin Moser, Peter Puffer, Scott Niemeyer, Jim Berg, Troy Basaraba, Lucinda Jesson (Written Opinion). Signed by Judge John R. Tunheim on January 26, 2015. (HAZ) cc: Charles Michael Geiger. Modified on 1/26/2015 (lmb).

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.
________________________________________________________________________
Charles Michael Geiger, MSOP-Moose Lake, 1111 Minnesota 73, Moose
Lake, MN 55767, pro se plaintiff,
Uzodima 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 HERE BY ORDERED:
1. That Defendants Jannine Hebert, Peter Puffer, Jim Berg, Ann Zimmerman, and
Craig Berg are DISMISSED from the present case, as Plaintiff does not identify these
individuals as Defendants in his operative Amended Complaint;
2. That Defendants’ Motion to Dismiss, [Docket No. 18], is GRANTED in its
entirety;
3. That the Court declines to exercise supplemental jurisdiction over any and all of
Plaintiff’s state law claims as alleged in the Amended Complaint;
4. That Count I of the Amended Complaint as alleged against Defendant Niemeyer

is the sole surviving claim; and
5. That a clerk’s entry of default and entry of default judgment in Plaintiff’s favor
is determined improper and denied as moot.

Dated: January 26, 2015
at Minneapolis, Minnesota

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