Yaseen v. Defiel et al

Filing 70

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge David T. Schultz dated February 28, 2019 67 . 2. Defendants' Partial Motion to Dismiss 33 is GRANTED IN PART AND D ENIED IN PART. 3. Plaintiff's Eighth Amendment excessive force claim against Defendants Katie Defiel and David Rieshus is DISMISSED. 4. Plaintiff's Fourteenth Amendment due process claims are DISMISSED. 5. Plaintiff's Eighth Amendment medical care claim is DISMISSED. 6. Plaintiff's Minnesota tort law claim for negligence is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Michael J. Davis on 3/29/2019. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

OMAR YASEEN,
Plaintiff,

v.

ORDER
Civil File No. 17-5473 (MJD/DTS)

KATIE DEFIEL, et al.,
Defendants.
Omar Yaseen, pro se.
Jonathan D. Moler, Minnesota Attorney General’s Office, Counsel for
Defendants.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge David T. Schultz dated
February 28, 2019. Defendants filed objections to the Report and
Recommendation.
Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court ADOPTS the Report and Recommendation of United States Magistrate
Judge Schultz dated February 28, 2019.
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Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States
Magistrate Judge David T. Schultz dated February 28, 2019 [Docket No.
67].
2. Defendants’ Partial Motion to Dismiss [Docket No. 33] is
GRANTED IN PART AND DENIED IN PART.
3. Plaintiff’s Eighth Amendment excessive force claim against
Defendants Katie Defiel and David Rieshus is DISMISSED.
4. Plaintiff’s Fourteenth Amendment due process claims are
DISMISSED.
5. Plaintiff’s Eighth Amendment medical care claim is
DISMISSED.
6. Plaintiff’s Minnesota tort law claim for negligence is
DISMISSED WITHOUT PREJUDICE.

Dated: March 29, 2019

s/ Michael J. Davis
Michael J. Davis
United States District Court

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