Horde v. Elliot et al

Filing 100

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Wilhelmina M. Wright on 2/20/2018. (TJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Steven M. Horde

Case No. 17-cv-0800 (WMW/SER)
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Officer Elliot, Minneapolis Department of
Civil Rights, Minneapolis City Attorney’s
Office, Minneapolis Department of Police
Internal Affairs, and Sharing and Caring
Hands,
Defendants.

This matter is before the Court on the January 9, 2018 Report and
Recommendation of United States Magistrate Judge Tony N. Leung. (Dkt. 99.) No
objections to the Report and Recommendation have been filed. In the absence of timely
objections, this Court reviews a Report and Recommendation for clear error. See Fed. R.
Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Having reviewed the Report and Recommendation, the Court finds no clear error.
Based on the Report and Recommendation and all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1.

The January 9, 2018 Report and Recommendation, (Dkt. 99), is

ADOPTED.
2.

Defendant Sharing and Caring Hands’s motion for summary judgment,

(Dkt. 52), is GRANTED in part and DENIED in part, consistent with the January 9,
2018 Report and Recommendation, as follows:

a. Plaintiff Steven M. Horde’s claims asserting violations by Sharing and
Caring Hands of the United States Constitution and federal statutes are
DISMISSED WITH PREJUDICE; and
b. Horde’s state-law claim against Sharing and Caring Hands is
DISMISSED WITHOUT PREJUDICE.
3.

The motion to dismiss of Defendants Officer Elliot, Minneapolis

Department of Civil Rights, Minneapolis City Attorney’s Office, and Minneapolis
Department of Police Internal Affairs (collectively, the “Minneapolis Defendants”),
(Dkt. 84), is GRANTED in part and DENIED in part, consistent with the January 9,
2018 Report and Recommendation, as follows:
a. Horde’s claims asserting violations by the Minneapolis Defendants of
the United States Constitution and federal statutes are DISMISSED
WITH PREJUDICE; and
b. Horde’s state-law claims against the Minneapolis Defendants are
DISMISSED WITHOUT PREJUDICE.
4. Horde’s motion to deny summary judgment, (Dkt. 61), is DENIED.
5. Horde’s motion for leave to file an amended complaint, (Dkt. 69), is DENIED.
6. Horde’s motion to amend the parties on the complaint, (Dkt. 79), is DENIED.
7. Horde’s motion to re-write the complaint, (Dkt. 89), is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 20, 2018

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge
2