Wiskirchen v. Piecard et al

Filing 64

ORDER ADOPTING 63 Report and Recommendation, granting in part and denying in part 28 Defendants' Motion to Dismiss, granting 46 Plaintiff's Notice of Voluntary Dismissal (Written Opinion). Signed by Judge Ann D. Montgomery on 2/16/17. (JME) cc: Plaintiff. Modified on 2/16/2017 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
* * * * * * * * * * * * * * * * * *
Charles Wiskirchen,
Plaintiff,
vs.

ORDER ADOPTING THE
REPORT AND RECOMMENDATION

Dr. Resto, et al.,
Defendants.

Civ. No. 15-3215 (ADM/LIB)

* * * * * * * * * * * * * * * * * *
Based upon the Report and Recommendation of United States Magistrate Judge Leo I.
Brisbois, and after an independent review of the files, records and proceedings in the above-entitled
matter, IT IS ORDERED:
1.

Plaintiff’s Notice of Voluntary Dismissal, [Docket No. 46], is GRANTED.

2.

Defendants’ Motion to Dismiss, [Docket No. 28], is GRANTED in part and

DENIED in part.
3.

Plaintiff’s Amended Complaint, [Docket No. 20], is DISMISSED without

prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: February 16, 2017

s/Ann D. Montgomery
Ann D. Montgomery, Judge
United States District Court