Hines v. Smith et al

Filing 109

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)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 16-3797(DSD/SER) Fredrick Dewayne Hines, Plaintiff, v. ORDER Michelle Smith, Tammy Wherely, David Rhesuis, Shar Mike, Sherilinda Wheeler, Unknown Magadanz, and Dan Meyer, Defendants. This matter is before the court upon the report and recommendation of Magistrate Judge Steven E. Rau dated October 23, 2017 (R&R). 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 permitted. Under these circumstances, the court finds it 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; 3. Plaintiff’s motions to amend [ECF Nos. 80, 97] are granted; 4. Defendants’ motion to dismiss [ECF No. 49] is denied as 5. Plaintiff shall file an amended complaint within thirty moot; days of this order; 6. The parties shall follow the briefing requirements as set forth in the R&R; and 7. 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 2

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