Daywitt v. Minnesota Department of Human Services et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION(Written Opinion). Signed by Judge Wilhelmina M. Wright on 08/08/17. (TJB) cc: Kenneth Steven Daywitt. Modified on 8/9/2017 (lmb).

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kenneth Steven Daywitt, and others similarly situated, Case No. 16-cv-2541 (WMW/LIB) Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v. Minnesota Department of Human Services, Minnesota Sex Offender Program, Emily Johnson Piper, Jannine Hebert, Peter Puffer, Jim Berg, Jerry Fjerkenstad, and Katherine Lockie, in their individual and official capacities, Defendants. This matter is before the Court on the June 6, 2017 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 38.) No objections to the R&R were filed. In the absence of timely objections, the Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error and adopts the R&R. ORDER Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The June 6, 2017 R&R, (Dkt. 38), is ADOPTED. 2. Defendants’ motion to dismiss, (Dkt. 28), is DENIED. Dated: August 8, 2017 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?