Kelley v. Capella University

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Magistrate Judge David T. Schultz's September 28, 2018 Report and Recommendation (Doc. No. 17 ) is ADOPTED. Capella University's Motion to Dismiss (Doc. No. 4 ) is GRANTED. This action is DISMISSED WITHOUT PREJUDICE. Plaintiff has 30 days from the date of this Order to file a new complaint. (Written Opinion). Signed by Judge Donovan W. Frank on 10/22/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Charlene P. Kelley,

Civil No. 18-1149 (DWF/DTS)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Capella University,
Defendant.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge David T. Schultz dated September 28, 2018. (Doc.
No. 17.) No objections have been filed to that 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 David T. Schultz’s September 28, 2018 Report and

Recommendation (Doc. No. [17]) is ADOPTED.
2.

Capella University’s Motion to Dismiss (Doc. No. [4]) is GRANTED.

3.

This action is DISMISSED WITHOUT PREJUDICE. Plaintiff has

30 days from the date of this Order to file a new complaint.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 22, 2018

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

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