Braziel v. Roy et al
ORDER ADOPTING REPORT AND RECOMMENDATION(Written Opinion). Signed by Judge Patrick J. Schiltz on January 9, 2017. (CLG)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
LEVI BRAZIEL, JR.,
Case No. 15‐CV‐3448 (PJS/SER)
TOM ROY, MN DOC Commissioner;
BECKY DOOLEY, Warden; KRIS RISH,
A/W Administration; RAENEE
BENNETT, LT; EDWARD STONE,
Chaplain; CHAD PARKER, Captain;
BRUCE REISER, Assistant
Commissioner; JASON BAHL,
Correctional Officer; BRIAN ERICKSON,
Food Service supervisor; CINDY ZETAH;
SANDRA GENTRY, Food Service,
Levi Braziel, Jr., pro se.
Rachel E. Bell, MINNESOTA ATTORNEY GENERAL’S OFFICE, for defendants.
This matter is before the Court on the objection of plaintiff Levi Braziel, Jr. to the
December 19, 2016 Report and Recommendation (“R&R”) of Magistrate Judge Steven E.
Rau. Judge Rau recommends granting in part and denying in part Braziel’s motion to
amend his complaint, denying defendants’ motions to dismiss as moot, and dismissing
all claims against defendant Tom Roy. Having conducted a de novo review, see 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b), the Court agrees with Judge Rau’s analysis and
recommendations. Accordingly, the Court overrules Braziel’s objection and adopts the
Based on the foregoing, and on all of the files, records, and proceedings herein,
the Court OVERRULES plaintiff’s objection [ECF No. 55] and ADOPTS the R&R [ECF
No. 54]. IT IS HEREBY ORDERED THAT:
Defendants’ motions to dismiss [ECF Nos. 34, 45] are DENIED AS MOOT.
All claims against defendant Tom Roy are DISMISSED WITHOUT
Plaintiff’s motion to amend complaint [ECF No. 43] is GRANTED IN
PART and DENIED IN PART. As detailed in the R&R, plaintiff’s only
remaining claims are for violations of the First Amendment against
defendants in their individual capacities for money damages.
The Clerk’s Office is directed to file the proposed second amended
complaint [ECF No. 43‐1] as the second amended complaint.
Dated: January 9, 2017
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
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