Dadd v. Anoka County et al

Filing 26

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated May 4, 2015 23 . 2. Defendants' Rule 12(b)(6) Motion to Dismiss the Complaint 10 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 6/24/15. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

PATRICK A. DADD,
Plaintiff,

v.

ORDER
Civil File No. 14-4933 (MJD/BRT)

ANOKA COUNTY, et al.,
Defendants.
Zorislav R. Leyderman, The Law Office of Zorislav R. Leyderman, Counsel for
Plaintiff.
Andrew T. Jackola, Anoka County Attorney’s Office, Counsel for Defendants.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Becky R. Thorson dated May
4, 2015. Defendants filed objections to the Report and Recommendation.
The Court has reviewed the records submitted by the parties [Docket Nos.
12, 19] and concludes that the decision not to consider these documents is
properly within the Court’s discretion. Additionally, even if the Court had
considered these documents, the analysis of the motion to dismiss would have
remained the same. Pursuant to statute, the Court has conducted a de novo
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review upon the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon
that review, the Court ADOPTS the Report and Recommendation of United
States Magistrate Judge Thorson dated May 4, 2015.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States
Magistrate Judge Becky R. Thorson dated May 4, 2015 [Docket No. 23].
2. Defendants’ Rule 12(b)(6) Motion to Dismiss the Complaint
[Docket No. 10] is DENIED.

Dated: June 24, 2015

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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