Green et al v. Leary

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Wilhelmina M. Wright on 10/12/2017. (TJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Carl L. Green, d/b/a Signature Capital; and
Signature Capital,

Case No. 17-cv-1154 (WMW/SER)

Plaintiffs,
ORDER ADOPTING REPORT AND
RECOMMENDATION
v.
Judge William Leary, III, in official and
personal capacities,
Defendant.

This matter is before the Court on the August 7, 2017 Report and
Recommendation of United States Magistrate Judge Steven E. Rau. (Dkt. 22.) Because
no objections have been filed, this Court reviews the 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 August 7, 2017 Report and Recommendation, (Dkt. 22), is ADOPTED;

2.

Defendant’s motion to dismiss, (Dkt. 6), is GRANTED IN PART and

DENIED IN PART as described in the August 7, 2017 Report and Recommendation; and

3.

Plaintiffs’ complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 12, 2017

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

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