Sparby v. University of Minnesota Medical Center et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Kip Sparby's objections (Doc. No. 6 ) to Magistrate Judge Leo I. Brisboiss March 31, 2017 Report and Recommendation are OVERRULED. 2. Plaintiff Kip Sparbys Amended Complaint (Doc. No. 4 ) is DISMISSED WITHOUT PREJUDICE for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). 3. Plaintiff Kip Sparby's application for leave to proceed in forma pauperis (Doc. No. 2 ) is DENIED AS MOOT. (Written Opinion). Signed by Judge Donovan W. Frank on 5/25/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Kip Sparby,

Civil No. 16-3876 (DWF/LIB)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

University of Minnesota Medical Center,
Jerry Sparby (private citizen), and
Hennepin County Medical Center,
Defendants.

This matter is before the Court upon Plaintiff Kip Sparby’s (“Plaintiff”) objections
(Doc. No. 6) to Magistrate Judge Leo I. Brisbois’s March 31, 2017 Report and
Recommendation (Doc. No. 5) insofar as it recommends that: (1) Plaintiff’s Amended
Complaint be dismissed without prejudice for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B)(ii); and (2) Plaintiff’s application for leave to proceed in forma pauperis
be denied as moot.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference for purposes of
Plaintiff’s objections. In the Report and Recommendation, Magistrate Judge Brisbois
found that the factual allegations in Plaintiff’s Complaint are vague and indeterminate and
that the allegations lack sufficient detail so as to state a plausible claim for relief under
any of his asserted causes of action. Accordingly, the Magistrate Judge recommended
that Plaintiff’s Complaint be dismissed without prejudice.

The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The Court finds no reason that would warrant a departure from the
Magistrate Judge’s recommendation. Based upon the de novo review of the record and
all of the arguments and submissions of the parties and the Court being otherwise duly
advised in the premises, the Court hereby enters the following:
ORDER
1.

Plaintiff Kip Sparby’s objections (Doc. No. [6]) to Magistrate Judge Leo I.

Brisbois’s March 31, 2017 Report and Recommendation are OVERRULED.
2.

Plaintiff Kip Sparby’s Amended Complaint (Doc. No. [4]) is DISMISSED

WITHOUT PREJUDICE for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B)(ii).
3.

Plaintiff Kip Sparby’s application for leave to proceed in forma pauperis

(Doc. No. [2]) is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 25, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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