Kennedy-Bey v. Metropolitan Council et al
Filing
106
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Apollyon Kennedy-Bey's objections (Doc. Nos. [101 & 105]) to Magistrate Judge Leo I. Brisbois's December 6, 2016 Report and Recommendation are OVERRULED. 2. Magistrate Judge Leo I. Bris bois's December 6, 2016 Report and Recommendation (Doc. No. 100 ) is ADOPTED. 3. Defendants' Motion for Summary Judgment (Doc. No. 56 ) isGRANTED. 4. Plaintiff's Complaint (Doc. No. 1 ) is DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/19/2017. (BJS)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Apollyon Kennedy-Bey,
Civil No. 15-2627 (DWF/LIB)
Plaintiff,
v.
ORDER ADOPTING REPORT
AND RECOMMENDATION
Metropolitan Council, Emmanuel Martinez Cruz,
Matthew Brake John Steele and Timothy Asp,
each in his official capacity as a Metro Transit
Police Officer,
Defendants.
This matter is before the Court upon Plaintiff Apollyon Kennedy-Bey’s objections
(Doc. Nos. 101 & 105) to Magistrate Judge Leo I. Brisbois’s December 6, 2016 Report
and Recommendation (Doc. No. 100) insofar as it recommends that: (1) Defendants’
Motion for Summary Judgment be granted; and (2) Plaintiff’s Complaint be dismissed
with prejudice. In addition, Magistrate Judge Brisbois struck and denied numerous
documents that were erroneously and untimely filed.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Plaintiff’s objections.
The Court agrees with the Magistrate Judge and concludes that Plaintiff’s
objections offer no basis for a departure from the Magistrate Judge’s recommendations.
Thus, based upon the de novo review of the record and all of the arguments and
submissions of the parties and the Court being otherwise duly advised in the premises, the
Court hereby enters the following:
ORDER
1.
Plaintiff Apollyon Kennedy-Bey’s objections (Doc. Nos. [101 & 105]) to
Magistrate Judge Leo I. Brisbois’s December 6, 2016 Report and Recommendation are
OVERRULED.
2.
Magistrate Judge Leo I. Brisbois’s December 6, 2016 Report and
Recommendation (Doc. No. [100]) is ADOPTED.
3.
Defendants’ Motion for Summary Judgment (Doc. No. [56]) is
GRANTED.
4.
Plaintiff’s Complaint (Doc. No. [1]) is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 19, 2017
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
2
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?