Hines v. Smith et al

Filing 190

ORDER granting 151 Motion to Dismiss/General; denying 164 Motion to Alter/Amend/Supplement Pleadings; adopting Report and Recommendations re 181 Report and Recommendation. (Written Opinion) Signed by Senior Judge David S. Doty on 1/16/2019. (DLO) cc: Fredrick Dewayne Hines. Modified text on 1/16/2019 (JLB).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16-3797(DSD/SER)
Fredrick Dewayne Hines,
Plaintiff,
v.

ORDER

Michelle Smith Warden, “MNDOC”
Oak Park Heights; Tammy Wherely,
Associate Warden Administration;
David Reishus, Associate Warden
Operation; Shar Mike, Program
Director ACU/CX-5 Units;
Sherilinda Wheeler, Program
Director; Unknown Magadanz,
Lieutenant ACI/CX-5, CX-7 Units;
and Dan Meyer, Lieutenant
ACU-CX-5 Units, individually and
in their official capacities,
Defendants.

This

matter

is

before

the

court

upon

the

report

and

recommendation (R&R) of Magistrate Judge Steven E. Rau, dated
December 20, 2018. The magistrate judge recommended that the court
grant defendants’ motion to dismiss and deny plaintiffs’s motion
for leave to file an amended complaint.

No objections to the R&R

have been filed within the time period permitted.
72.2(b)(1).

Under

these

circumstances,

the

See D. Minn. LR
court

finds

appropriate to adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R [ECF No. 181] is adopted in its entirety;

2.

The motion to dismiss [ECF No. 151] is granted;

it

3. The motion for leave to file an amended complaint [ECF No.
164] is denied; and
4.

The action is dismissed with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 16, 2019
s/David S. Doty
David S. Doty, Judge
United States District Court

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