Propotnik v. Minn. Dept. of Corrections et al

Filing 16

ORDER adopting Report and Recommendation 13 . IT IS HEREBY ORDERED that: 1. Petitioner's Eighth Amendment claims in Ground Two of the Petition be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Written Opinion). Signed by Judge Patrick J. Schiltz on October 27, 2014. (CLG) cc: Propotnik on 10/27/2014 (JAM).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Larry R. Propotnik,

Civil No. 14-3799 (PJS/JJK)

Petitioner,
v.
ORDER
Minn. Dept. of Corrections; Tom Roy,
Commissioner, MCF-RC; and Warden Steve
Hammer;
Respondents.

Larry R. Propotnik, 104328, MN Correctional Facility, MCF – RC 7600 525th Street, Rush City,
MN 55069, Petitioner, pro se.
Matthew Frank, Esq., and James B. Early, Esq., Minnesota Attorney General's Office, 445
Minnesota St., Ste 1800, St Paul, MN 55101, counsel for Respondents.

The above matter comes before the Court upon the Report and Recommendation of
United States Magistrate Judge Jeffrey J. Keyes dated October 1, 2014. No objections have
been filed to that Report and Recommendation in the time period permitted. Based on the
Report and Recommendation of the Magistrate Judge, on all of the files, records, and
proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that:
1.

Petitioner’s Eighth Amendment claims in Ground Two of the Petition be

DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.

Date:

10/27/14
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge