Hines v. Smith et al
ORDER denying as moot 49 Motion to Dismiss; granting 80 Motion to Alter/Amend/Supplement Pleadings; granting 97 Motion to Alter/Amend/Supplement Pleadings; denying 99 Motion for Preliminary Injunction; adopting Report and Recommendations re 103 Report and Recommendation; denying 18 Motion for Preliminary Injunction (Written Opinion) Signed by Senior Judge David S. Doty on 11/17/2017. (DLO)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16-3797(DSD/SER)
Fredrick Dewayne Hines,
Michelle Smith, Tammy Wherely,
David Rhesuis, Shar Mike,
Sherilinda Wheeler, Unknown
Magadanz, and Dan Meyer,
recommendation of Magistrate Judge Steven E. Rau dated October 23,
The magistrate judge recommended that the court (1)
deny plaintiff’s first motion for a preliminary injunction with
prejudice; (2) deny defendants’ motion to dismiss as moot; (3)
grant plaintiff’s motions to amend; and (4) deny plaintiff’s
subsequent motion for a preliminary injunction without prejudice.
No objections to the R&R have been filed in the time period
appropriate to adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s first motion for a preliminary injunction [ECF
No. 18] is denied with prejudice;
2. Plaintiff’s subsequent motion for a preliminary injunction
[ECF No. 99] is denied without prejudice;
Plaintiff’s motions to amend [ECF Nos. 80, 97] are
Defendants’ motion to dismiss [ECF No. 49] is denied as
Plaintiff shall file an amended complaint within thirty
days of this order;
The parties shall follow the briefing requirements as set
forth in the R&R; and
If plaintiff fails to amend the complaint within thirty
days of this order the case will be dismissed without prejudice.
Dated: November 17, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court
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