Harris v. Kachamarek et al
ORDER ADOPTING REPORT AND RECOMMENDATION 37 (Written Opinion). Signed by Judge Wilhelmina M. Wright on 01/04/2017. (TJB)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Anthony Curtis Harris,
Case No. 15-cv-3531 (WMW/KMM)
ORDER ADOPTING REPORT AND
Sergeant Lisa Kachamarek, Sherburne
County Jail, and Sergeant Jami Neyssen,
Sherburne County Jail,
This matter is before the Court on the December 2, 2016 Report and
Recommendation (“R&R”) of United States Magistrate Judge Katherine M. Menendez.
(Dkt. 37.) The R&R recommends granting the motion for sanctions jointly filed by
Defendants Sergeant Lisa Kachamarek and Sergeant Jami Neyssen, (Dkt. 31), and
dismissing with prejudice the amended complaint of Plaintiff Anthony Curtis Harris as a
sanction for failing to respond to discovery requests or to comply with an order
compelling him to do so. Objections to the R&R have not been filed in the time period
permitted. In the absence of timely objections, this Court reviews an R&R for clear error.
See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no
timely objection is filed, the court need only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73
F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS
The December 2, 2016 R&R, (Dkt. 37), is ADOPTED;
The motion for sanctions filed by Defendants Sergeant Lisa Kachamarek
and Sergeant Jami Neyssen, (Dkt. 31), is GRANTED; and
Plaintiff Anthony Curtis Harris’s amended complaint, (Dkt. 7), is
DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 4, 2017
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge
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