Mueller et al v. Mesojedec et al

Filing 31

ORDER re Report and Recommendation 27 . (1) Plaintiffs' objections to the Report and Recommendation 28 are OVERRULED. (2) Defendants' Motion to Dismiss 16 is GRANTED. (3) This action is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on February 27, 2017. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JUSTIN MUELLER, formerly known as
Justin Oman, LARRY BLACK, CRAIG
BOLTE, JOSHUA MERTZ, and THOMAS
KITTRELL,
Plaintiffs,
v.

Case No. 16-CV-277 (JNE/TNL)
ORDER

CHAD MESOJEDEC, Rehab Therapies
Director, NICHOLAS LAMMI, Rehab
Therapist, CHRISTINE SELL, Rehab
Therapist, STEVE SAYOVITZ, Security
Program Manager, SANDRA BRYANT,
Volunteer Services Coordinator, MANDY
TORGERSON, Special Services Supervisor,
KEVIN MOSER, Program Facility
Director, and PETER PUFFER, Clinical
Site Director,
Defendants.

This matter is before the Court on a Report and Recommendation (“R&R”) issued by the
Honorable Tony N. Leung, United States Magistrate Judge, on January 6, 2017. (Dkt. No. 27.)
The R&R recommends dismissing this action because sovereign and qualified immunity bars
certain claims, and Plaintiffs failed to state the remaining claims. (See id.) Plaintiffs objected to
the R&R’s analysis with respect to each claim. (See Dkt. No. 28.) Defendants responded in
support of the R&R’s recommended disposition. (See Dkt. No. 29.) The Court conducted a de
novo review of the record. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); D. Minn. LR
72.2(b)(3). After reviewing the R&R, the parties’ arguments, and the record, the Court agrees
with the R&R’s reasoning and recommended disposition.

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Therefore, IT IS ORDERED THAT:
1.

Plaintiffs’ objections to the Report and Recommendation [Dkt. No. 28] are
OVERRULED.

2.

Defendants’ Motion to Dismiss [Dkt. No. 16] is GRANTED.

3.

This action is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 27, 2017.
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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