Schlegel v. Sherburne County Sheriff et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Michael Schlegel's pro se objections (Doc. No. 39 ) to Magistrate Judge Becky R. Thorson's November 29, 2016 Report and Recommendation areOVERRULED. 2. Magistrate Judge Becky R. Thorso n's November 29, 2016 Report andRecommendation (Doc. No. 38 ) is ADOPTED. 3. Plaintiff Michael Schlegel's Claim for federal due-process violations isDISMISSED WITH PREJUDICE. 4. The remaining state-law claims are DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/13/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Michael Schlegel,

Civil No. 16-867 (DWF/BRT)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Corey Schoeneck, Brandon Saloka, and
Chelsea Doherty, Sherburne County
Deputies, individually and in their official
capacities as Agents of Sherburne County,
Minnesota, and Sherburne County Minnesota,
Defendants.

This matter is before the Court upon Plaintiff Michael Schlegel’s pro se objections
(Doc. No. 39) to Magistrate Judge Becky R. Thorson’s November 29, 2016 Report and
Recommendation (Doc. No. 38) insofar as it recommends that: (1) Plaintiff’s claim for
federal due-process violations be dismissed with prejudice; and (2) the remaining
state-law claims be dismissed without prejudice. Defendants filed a response to
Plaintiff’s objections on December 20, 2016. (Doc. No. 41.)
Plaintiff objects to the Report and Recommendation only insofar as it recommends
the dismissal of his state-law claims without prejudice, and Plaintiff argues that those
claims should be remanded to state court. The Court has conducted a de novo review of
the record, including a review of the arguments and submissions of counsel, pursuant to
28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the

above-entitled matter is clearly and precisely set forth in the Report and Recommendation
and is incorporated by reference for purposes of Plaintiff’s objections.
The Court agrees with the Magistrate Judge and concludes that Plaintiff’s
objections offer no basis for a departure from the Magistrate Judge’s recommendations.
Based upon the de novo review of the record and all of the arguments and submissions of
the parties and the Court being otherwise duly advised in the premises, the Court hereby
enters the following:
ORDER
1.

Plaintiff Michael Schlegel’s pro se objections (Doc. No. [39]) to Magistrate

Judge Becky R. Thorson’s November 29, 2016 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Becky R. Thorson’s November 29, 2016 Report and

Recommendation (Doc. No. [38]) is ADOPTED.
3.

Plaintiff Michael Schlegel’s Claim for federal due-process violations is

DISMISSED WITH PREJUDICE.
4.

The remaining state-law claims are DISMISSED WITHOUT

PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 13, 2017

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

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