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)

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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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