Rapatt v. Hauser et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Leo I. Brisbois's April 18, 2017 Report and Recommendation (Doc. No. 6 ) is ADOPTED. 2. Plaintiff's Motion to Extend Time to File a Second Amended Complaint and Serve Defendan ts (Doc. No. 5 ) is DENIED AS MOOT. 3. This case is DISMISSED WITHOUT PREJUDICE because Plaintiff's claims are barred under Heck v. Humphrey, 512 U.S. 477 (1994). (Written Opinion). Signed by Judge Donovan W. Frank on 5/10/2017. (BJS) cc: Richard Willmar Rapatt. Modified text on 5/10/2017 (ACH).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Richard Willmar Rapatt,

Civil No. 16-4099 (DWF/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

David J. Hauser, William Steward Leitch,
Stephen Giles McGraw, and Stacy Kerlin,
in their individual and official capacities,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Leo I. Brisbois dated April 18, 2017. (Doc. No. 6.) No
objections have been filed to that Report and Recommendation in the time period
permitted. The factual background for the above-entitled matter is clearly and precisely
set forth in the Report and Recommendation and is incorporated by reference. Based
upon the Report and Recommendation of the Magistrate Judge and upon all of the files,
records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Leo I. Brisbois’s April 18, 2017 Report and

Recommendation (Doc. No. [6]) is ADOPTED.
2.

Plaintiff’s Motion to Extend Time to File a Second Amended Complaint

and Serve Defendants (Doc. No. [5]) is DENIED AS MOOT.

3.

This case is DISMISSED WITHOUT PREJUDICE because Plaintiff’s

claims are barred under Heck v. Humphrey, 512 U.S. 477 (1994).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 10, 2017

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

2