Johnson v. Centurion of Minnesota LLC et al

Filing 84

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Hildy Bowbeer's December 7, 2016 Report and Recommendation (Doc. No. 77 ) is ADOPTED. 2. Defendants' Motion to Dismiss (Doc. No. 23 ) is GRANTED IN PART as to Plaintiffs offic ial capacity claims and claims for injunctive or declaratory relief, which are dismissed with prejudice, and DENIED IN PART as to Plaintiff's individual capacity claims, on the ground that Defendants Motion to Dismiss for lack of service of process is moot. 3. Defendant Nacole Lind's Motion to Dismiss Individual Capacity Claims (Doc. No. 43 ) is GRANTED and those claims are dismissed with prejudice. (Written Opinion). Signed by Judge Donovan W. Frank on 2/1/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Jeremiah M. Johnson,

Civil No. 16-268 (DWF/HB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Virginia Mandac, M.D., Nacole Lind,
Leigha Bailey, R.N., Scott Yozamp,
and Joseph Witter, in their individual
and official capacities,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Hildy Bowbeer dated December 7, 2016. (Doc.
No. 77.) No objections have been filed to that Report and Recommendation in the time
period permitted. The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference.
Based upon the Report and Recommendation of the Magistrate Judge and upon all of the
files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Hildy Bowbeer’s December 7, 2016 Report and

Recommendation (Doc. No. [77]) is ADOPTED.
2.

Defendants’ Motion to Dismiss (Doc. No. [23]) is GRANTED IN PART

as to Plaintiff’s official capacity claims and claims for injunctive or declaratory relief,
which are dismissed with prejudice, and DENIED IN PART as to Plaintiff’s individual

capacity claims, on the ground that Defendants’ Motion to Dismiss for lack of service of
process is moot.
3.

Defendant Nacole Lind’s Motion to Dismiss Individual Capacity Claims

(Doc. No. [43]) is GRANTED and those claims are dismissed with prejudice.

Dated: February 1, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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