Carter v. Robb et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 67 Report and Recommendation. The Minnesota Department of Corrections and Defendant Katie Rueckert's Motion to Dismiss 33 is GRANTED, and the official-capacity section 1983 claim for monetary damages against Defendant Katie Rueckert is DISMISSED WITH PREJUDICE. (Written Opinion.) Signed by Judge Donovan W. Frank on 8/9/2018. (RLB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Ernest Carter,

Civil No. 17-1061 (DWF/HB)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Jan Rysh, MN DOC Oak Park Heights
Medical; Darin Haugland, MN DOC Oak
Park Heights Medical; Dr. Craane, MN
DOC Oak Park Heights Medical; K.
Rueckek, MN DOC St. Cloud; and
Timothy Hiesterman, MN DOC St. Cloud,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Hildy Bowbeer dated July 13, 2018. (Doc. No. 67.) In
the Report and Recommendation, the Magistrate Judge recommended that the Minnesota
Department of Corrections and Defendant Katie Rueckert’s 1 Motion to Dismiss be
granted and that the official-capacity § 1983 claim for monetary damages against
Defendant Rueckert be dismissed with prejudice. The Magistrate Judge also explained
that it would grant Plaintiff an opportunity to file a second amended complaint to sue
Rueckert and the other Defendants in their personal capacities as well as their official
capacities, and to add a request for equitable relief. (Doc. No. 67 at 7.) Plaintiff has
separately sought an extension of time to file an amended complaint, but has not filed
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The Magistrate Judge indicated the defendant named “K. Rueckek” in the
Complaint is actually Katie Rueckert.

objections to the 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 Hildy Bowbeer’s July 13, 2018 Report and

Recommendation (Doc. No. [67]) is ADOPTED.
2.

The Minnesota Department of Corrections and Defendant Katie Rueckert’s

Motion to Dismiss (Doc. No. [33]) is GRANTED, and the official-capacity § 1983 claim
for monetary damages against Defendant Katie Rueckert is DISMISSED WITH
PREJUDICE.
Dated: August 9, 2018

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

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