Coleman v. Tusken et al
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATION. See Order for details. (Written Opinion). Signed by Judge Patrick J. Schiltz on January 17, 2017. (CLG) cc: Coleman. Modified text on 1/17/2017 (MMP).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
DOUGLAS HIRAM COLEMAN,
Case No. 16‐CV‐2650 (PJS/LIB)
Plaintiff,
v.
ORDER
DULUTH POLICE DEPARTMENT;
MIKE TUSKEN, Police Chief, both
individually and in his official capacity;
DAVE DROZDOWSKI, Badge #427,
Duluth Police Officer, both individually
and in his official capacity; ROBERT
LE CLAIRE, Badge #511, Duluth Police
Officer, both individually and in his
official capacity; CHICOS, Badge #302,
Duluth Police Officer, both individually
and in his official capacity; FOURTH
STREET MARKET; MATTHEW
THOMAS POTTER, proprietor/manager;
and MS. DAESHA, both individually and
in her official capacity,
Defendants.
Douglas Hiram Coleman, pro se.
This is a civil‐rights action brought by plaintiff Douglas Coleman against two
sets of defendants: (1) the Duluth Police Department, the Chief of Police of Duluth, and
three Duluth police officers; and (2) the Fourth Street Market and two of its employees.
Coleman alleges that he was assaulted at the Fourth Street Market by an unknown
assailant on July 23, 2015, that the Duluth Police Department failed to adequately
investigate his assault, and that the Fourth Street Market and its employees failed to
assist the Department with its investigation.
On November 16, 2016, Magistrate Judge Leo I. Brisbois filed a report and
recommendation (“R&R”) recommending that all claims against the Duluth Police
Department, the Fourth Street Market, and the two employees of the Fourth Street
Market be dismissed. ECF No. 12. Coleman did not object to the R&R, and therefore
the Court adopts it.
Coleman did, however, file a document styled “motion to dismiss.” ECF No. 13.
In that motion, Coleman asked that, just as Judge Brisbois had recommended, all claims
against the Duluth Police Department, the Fourth Street Market, and the two employees
of the Fourth Street Market be dismissed. Given that the Court is adopting the R&R, the
Court will deny Coleman’s motion as moot.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1.
The Report and Recommendation of November 16, 2016 [ECF No. 12] is
ADOPTED.
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2.
All claims against defendants Duluth Police Department, Fourth Street
Market, Matthew Thomas Potter, and Ms. Daesha are DISMISSED WITH
PREJUDICE AND ON THE MERITS.
3.
Coleman’s Motion to Dismiss [ECF No. 13] is DENIED AS MOOT.
Dated: January 17, 2017
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
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