Fox v. Roy et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 51 Report and Recommendation, granting 32 Motion to Dismiss filed by Barry Smith, denying 46 Motion to Alter/Amend/Supplement Pleadings filed by Thomas James Fox, granting 24 Motion to Dismiss filed by Drew Evans, Gary Swanson (Written Opinion). Signed by Senior Judge David S. Doty on 1/24/2017. (DLO)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 15-2594(DSD/TNL)
Thomas James Fox,
Thomas Roy, Commissioner; Penny
Malecha, Director; Harold W.
Clarke, Director; Agent Drew
Evans; Special Agent Gary
Swanson; and Investigator
Thomas James Fox, #1541090, Wallens Ridge State Prison, P.O.
Box 759, Big Stone Gap, VA 24219, plaintiff pro se
Kathryn Iverson Landrum, Assistant Attorney General, Minnesota
Attorney General’s Office, 445 Minnesota Street, Suite 1100,
St. Paul, MN 55101-2128, counsel for defendants Agent Drew
Evans and Special Agent Gary Swanson
Ryan M. Zipf, League of Minnesota Cities, 145 University
Avenue W., St. Paul, MN 55103, counsel for Defendant
Investigator Barry Smith
recommendation of Magistrate Judge Tony N. Leung dated December
The magistrate judge recommended that the court grant
defendants’ motions to dismiss.
Petitioner has not filed an
objection to the R&R in the time period permitted.
Accordingly, IT IS HEREBY ORDERED that:
The magistrate judge’s report and recommendation [ECF No.
51] is adopted in its entirety;
Defendants Evans’ and Swanson’s motion to dismiss [ECF
No. 24] is granted;
Defendant Smith’s motion to dismiss [ECF No. 32] is
Plaintiff’s motion to amend complaint [ECF No. 46] is
The complaint [ECF No. 1] is dismissed.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 24, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?