Lovejoy v. Minnesota Department of Human Services et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 7 Motion to Dismiss/General filed by Edward Kesty, Minnesota Department of Human Services, Kevin Moser, Randall Gordon, Peter Puffer, Minnesota Sex Offender Program (Written Opinion). Signed by Chief Judge John R. Tunheim on February 2, 2017. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
DAVID JOSEF LOVEJOY, a/k/a,
KENDRA MICHELLE LOVEJOY,

Civil Nos. 16-2468 (JRT/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATIONS

MINNESOTA DEPARTMENT OF
HUMAN SERVICES, et al.,
Defendants.
________________________________________________________________________
David Josef Lovejoy, MSOP, 1111 Highway 73, Moose Lake, MN 55767,
pro se plaintiff.
Aaron Winter, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445
Minnesota Street, Suite 1100, St Paul, MN 55101-2128, for defendants.
Based upon the Report and Recommendation of United States Magistrate Judge
Leo I. Brisbois, and after an independent review of the files, records and proceedings in
the above-entitled matter, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss Plaintiff’s Complaint, [Docket No. 7], is

GRANTED;
2.

Plaintiff’s claims against the MSOP and the Minnesota DHS are

DISMISSED with prejudice;
3.

Plaintiff’s § 1983 claims for monetary and punitive damages against all

individual named Defendants in their official capacities are DISMISSED with
prejudice;
4.

Plaintiff’s § 1983 claims for monetary and punitive damages against all

individual named Defendants in their individual capacities are DISMISSED without
prejudice;
5.

Plaintiff’s § 1983 claims for injunctive and declaratory relief against all

individual named Defendants in their official or individual capacities are DISMISSED
without prejudice;
6.

Plaintiff’s Title II of the Civil Rights Act of 1964 claims against all

individual Defendants are DISMISSED with prejudice;
7.

The Court not continue to exercise supplemental or pendant jurisdiction,

and therefore, Plaintiff’s Minnesota Human Rights Act claims against all Defendants are
DISMISSED without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 2, 2017
at Minneapolis, Minnesota

s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court