Brown v. Cooper et al

Filing 144

ORDER granting 63 Motion to Dismiss/General; granting 63 Motion for Summary Judgment; granting 82 Motion to Dismiss/General; granting 82 Motion for Summary Judgment; adopting Report and Recommendations re 142 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 1/7/2019. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No.: 18-219 (DSD/BRT)
James N. Brown, Jr.,
Plaintiff,
v.

ORDER

Associate Warden G. Cooper;
Ken Hyle, Asst. Director;
Sara Revell, Regional Director;
Kathleen Kenney, Gen. Counsel;
L. LaRiva, Warden; L. Janssen, R.N.;
C. Orum, Unit Manager; R. Woltman,
Unit Counselor; FNU Sanson; A. Cossette,
Unit Manager; D. Holbus, Lieutenant;
C. Stromberg; FNU Hare; Peter Arroyo;
Charles Slater, MD; Sheila Hadaway, MD;
Misbah Baqir, MBBS; Mayo Clinic;
M. Porter, R.N., Supervisor; T. Miller,
Captain; and the United States of
America,
Defendants.

This

matter

is

before

the

court

upon

the

report

and

recommendation (R&R) of Magistrate Judge Becky Thorson, dated
December 11, 2018. The magistrate judge recommended that the court
grant defendants’ summary judgment motions.1

No objections to the

R&R have been filed within the time period permitted. See D. Minn.
LR 72.2(b)(1).

Under these circumstances, the court finds it

appropriate to adopt the R&R.

1

The motions were filed as motions to dismiss, however,
the magistrate judge converted them into summary judgment motions
because the parties presented, and the court considered, evidence
outside the pleadings.

Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R [ECF No. 142] is adopted in its entirety;

2.

The motions for summary judgment [ECF Nos. 63, 82] are

granted;
3.

The action is dismissed with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 7, 2019
s/David S. Doty
David S. Doty, Judge
United States District Court

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