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)

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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. [continued on next page] 1 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 2

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