Fox v. Roy et al

Filing 52

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,
Plaintiff
v.

ORDER

Thomas Roy, Commissioner; Penny
Malecha, Director; Harold W.
Clarke, Director; Agent Drew
Evans; Special Agent Gary
Swanson; and Investigator
Barry Smith,
Defendants.
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
This

matter

is

before

the

court

upon

the

report

and

recommendation of Magistrate Judge Tony N. Leung dated December
22, 2016.

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:
1.

The magistrate judge’s report and recommendation [ECF No.

51] is adopted in its entirety;

2.

Defendants Evans’ and Swanson’s motion to dismiss [ECF

No. 24] is granted;
3.

Defendant Smith’s motion to dismiss [ECF No. 32] is

granted;
4.

Plaintiff’s motion to amend complaint [ECF No. 46] is

denied; and
5.

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

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