Daniel v. HMS Host

Filing 28

ORDER adopting Report and Recommendation 26 . (1) Defendant HMS Host's Motion to Dismiss for Failure to State a Claim and Motion to Strike [Dkt. No. 15 ] is GRANTED, to the extent it requests dismissal under Fed. R. Civ. P. 12(b)(6). (2) Plaintiff Habtamu Daniel's claims against Defendant HMS Host are DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on May 10, 2017. (CBC)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA HABTAMU DANIEL, Plaintiff, v. Case No. 16-CV-3016 (JNE/HB) ORDER HMS HOST, Defendant. This matter is before the Court on a Report and Recommendation (“R&R”) issued by the Honorable Hildy Bowbeer, United States Magistrate Judge, on March 31, 2017. (See Dkt. No. 26.) The R&R recommends granting Defendant HMS Host’s motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6) or, in the alternative, strike Plaintiff Habtamu Daniel’s Complaint under Fed. R. Civ. P. 12(e). (See Dkt. Nos. 15, 18.) Specifically, the R&R recommends dismissal under Rule 12(b)(6). (See Dkt. No. 26 at 5-6.) Neither party objected to the R&R by the April 14, 2017 deadline to do so. However, Plaintiff Habtamu Daniel sent the Court a letter, received May 5, 2017, generally objecting to dismissal. (See Dkt. No. 27.) Daniel’s letter states that he was “hospitalized for mental illness from December 19, 2016 to February 21, 2017,” (see Dkt. No. 27), which could explain why he failed to comply with the Court’s previous order directing him to file a more definite, amended complaint by December 29, 2016, (see Dkt. No. 14). Daniel did not explain, however, why his objection was late or why this action should not be dismissed for failure to state a claim, except to assert that because he is from a poor country and mentally ill, federal law does not apply to him. (See Dkt. No. 27.) To the contrary, federal law and the rules of this Court certainly do apply to Daniel and this action. Because Daniel has failed to provide a persuasive reason for why the R&R’s recommendation to 1 dismiss his claims is incorrect or improper, and because the R&R correctly concluded that the Complaint in its current form fails to state a claim, the Court accepts the R&R’s recommended disposition. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); D. Minn. LR 72.2(b)(1). Therefore, IT IS ORDERED THAT: 1. Defendant HMS Host’s Motion to Dismiss for Failure to State a Claim and Motion to Strike [Dkt. No. 15] is GRANTED, to the extent it requests dismissal under Fed. R. Civ. P. 12(b)(6). 2. Plaintiff Habtamu Daniel’s claims against Defendant HMS Host are DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 10, 2017. s/Joan N. Ericksen JOAN N. ERICKSEN United States District Judge 2

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