Newcomb v. City of Anoka et al

Filing 42

ORDER adopting Report and Recommendations 36 : (1) Defendant City of Anoka's Motion to Dismiss or Alternatively for Summary Judgment 10 is GRANTED. (2) Plaintiff's claims against Defendant City of Anoka are DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on December 19, 2016. (CBC) CC: Newcomb. (kt)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
TYLON LARRICE NEWCOMB,
Plaintiff,
v.

Case No. 16-CV-811 (JNE/FLN)
ORDER

CITY OF ANOKA, SGT. DAVID
HUTCHINSON, in their individual and
official capacities, OFC. CANON YANG,
in their individual and official capacities,
OFC. ANDREW CARLSON, in their
individual and official capacities, OFC.
JORDAN TRAMMEL, in their individual
and official capacities, and CAROLINE
PRUTER, in their individual and official
capacities,
Defendants.

This matter is before the Court on a Report and Recommendation (“R&R”) issued by the
Honorable Franklin L. Noel, United States Magistrate Judge, on November 17, 2016. (Docket
No. 36.) The R&R recommends granting Defendant City of Anoka’s Motion to Dismiss or
Alternatively for Summary Judgment (Dkt No. 10). Neither party objected to the R&R.
Nevertheless, 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). Based on that review, the Court accepts the
R&R’s recommended disposition.
Therefore, IT IS ORDERED THAT:
1.

Defendant City of Anoka’s Motion to Dismiss or Alternatively for
Summary Judgment [Dkt No. 10] is GRANTED.

2.

Plaintiff’s claims against Defendant City of Anoka are DISMISSED
WITHOUT PREJUDICE.
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LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 19, 2016
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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