Ofor v. Capella for Profit Online University et al

Filing 6

ORDER denying 2 Application on Proceed in District Court without Prepaying Fees or Costs; adopting Report and Recommendations re 5 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 3/20/2018. (DLO) cc: Ofor. (kt)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 17-5301(DSD/DTS)
OGONNAYA VINCENT OFOR,
Plaintiff,
v.

ORDER

CAPELLA FOR PROFIT ONLINE
UNIVERSITY; DR. SETH WILLIAMS;
and DR. KELLY VON RUDEN,
Defendants.

This

matter

is

before

the

court

upon

the

report

and

recommendation of Magistrate Judge David T. Schultz dated March 1,
2018 (R&R).

The magistrate judge recommended that the court (1)

dismiss

federal

the

constitutional

claim

with

prejudice;

(2)

dismiss the remaining state-law claims without prejudice for lack
of jurisdiction; and (3) deny the application to proceed in forma
pauperis.

No objections to the R&R have been filed in the time

period permitted.

Under these circumstances, the court finds it

appropriate to adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R [ECF No. 5] is adopted in its entirety;

2. Plaintiff’s federal constitutional claim is dismissed with
prejudice;
3.

Plaintiff’s remaining state-law claims are dismissed

without prejudice; and

4.

Plaintiff’s application to proceed in forma pauperis [ECF

No. 2] is denied.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 20, 2018
s/David S. Doty
David S. Doty, Judge
United States District Court

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