Waldorf v. Dayton et al
Filing
69
AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 39 Motion to Dismiss/General filed by John L. Sanner, Kyle Triggs, Janelle P. Kendall, Cody Vojacek, Nate Kyollo, J. Freihammer, granting 33 Motion to Dismiss/General filed by William J. Cashman, Lori Swanson, George Lock, Rachel Schmidt, Mark Dayton (Written Opinion). Caption amended only. Signed by Chief Judge John R. Tunheim on June 26, 2017. (HAZ)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
CHRISTOPHER-JAMES WALDORF,
Civil No. 17-107 (JRT/LIB)
Plaintiff,
v.
MARK DAYTON, LORI SWANSON,
WILLIAM J. CASHMAN, RACHEL
SCHMIDT, JANELLE P. KENDALL,
KYLE TRIGGS, GEORGE LOCK, and
JOHN L. SANNER, individually and in
their official capacities, J. FREIHAMMER,
NATE KYOLLO, and JANE and JOHN
DOES, in their official capacities, and
JANE AND JOHN ROES, individually as
spouses or married partners of named
Defendants, CODY VOJACEK,
individually and in his official capacity,
AMENDED ORDER ADOPTING
REPORT
AND RECOMMENDATION
Defendants.
________________________________________________________________________
Christopher-James Waldorf, 56 33rd Avenue South, #132, St. Cloud, MN
56301, pro se.
Kathryn Iverson Landrum, Assistant Attorney General, MINNESOTA
ATTORNEY GENERAL’S OFFICE, 445 Minnesota Street, Suite 1100,
Saint Paul, MN 55101, for Defendants Mark Dayton, Lori Swanson,
William J. Cashman, Rachel Schmidt, and George Lock.
Cally R. Kjellberg-Nelson, QUINLIVAN & HUGHES, PA, P.O. Box
1008, St. Cloud, MN 56302, for Defendants Janelle P. Kendall, Kyle
Triggs, John L. Sanner, J. Freihammer, Nate Kyollo, and Cody Vojacek.
Based upon the Report and Recommendation of United States Magistrate Judge
Leo I. Brisbois, and after an independent review of the files, records and proceedings in
the above-entitled matter, IT IS HEREBY ORDERED that:
1. Defendants Governor Mark Dayton, Attorney General Lori Swanson, the
Honorable William J. Cashman, Rachel Schmidt, and George Lock’s Motion to Dismiss,
[Docket No. 33], is GRANTED.
2. Defendants Janelle Kendall, Kyle Triggs, John Sanner, John Freihammer, Nate
Kyollo, and Cody Vojacek’s Motion to Dismiss, [Docket No. 39], is GRANTED.
3. Plaintiff’s claims which seek declaratory or injunctive relief against all
Defendants are DISMISSED WITHOUT PREJUDICE.
4. All of Plaintiff’s claims against the Honorable William J. Cashman are
DISMISSED WITH PREJUDICE.
5. Plaintiff’s claims which seek monetary damages against Governor Mark
Dayton, Attorney General Lori Swanson, Rachel Schmidt, and George Lock in their
official capacities are DISMISSED WITH PREJUDICE.
6. Plaintiff’s claims which seek monetary damages against Rachel Schmidt and
George Lock in their individual capacities are DISMISSED WITH PREJUDICE.
7. Plaintiff’s claims which seek monetary damages against Janelle Kendall, Kyle
Triggs, John Sanner, John Freihammer, Nate Kyollo, and Cody Vojacek in their official
capacities are DISMISSED WITHOUT PREJUDICE.
8. Plaintiff’s claims which seek monetary damages against Janelle Kendall, Kyle
Triggs, John Freihammer, Nate Kyollo, and Cody Vojacek in their individual capacities
are DISMISSED WITH PREJUDICE.
9. All of Plaintiff’s claims in Count VII are DISMISSED WITHOUT
PREJUDICE.
10. All of Plaintiff’s claims in Counts VIII through XII are DISMISSED WITH
PREJUDICE.
11. All of Plaintiff’s claims in Counts XIII through XVI are DISMISSED
WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 26, 2017
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court
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