Heiderscheid v. Dakota County Sheriff Office et al

Filing 119

ORDER adopting Report and Recommendation, ECF No. 118 . Defendants' Motion for Summary Judgment, ECF No. 83 , is GRANTED. (Written Opinion) Signed by Judge Joan N. Ericksen on 8/28/2020. (CBC)

CASE 0:18-cv-01180-JNE-LIB Document 119 Filed 08/31/20 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Andrew Erik Heiderscheid,
Plaintiff,
v.

Case No. 18-cv-1180 (JNE/LIB)
ORDER

Dakota County Sheriff’s Office, et al.,
Defendants.

In a Report and Recommendation (“R&R”) dated July 22, 2020, the Honorable Leo
Brisbois, United States Magistrate Judge, recommended that Defendants’ motion for
summary judgment be granted, Plaintiff’s claims against the individual defendants be
dismissed with prejudice, and Plaintiff’s claims against the Dakota County Sheriff’s Office
be dismissed without prejudice. ECF No. 118. No objections were filed in the time period
permitted. 1 Based on a de novo review of the record, the Court accepts the conclusions of
the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2. Therefore,
IT IS ORDERED:
1. Defendants’ Motion for Summary Judgment, ECF No. 83, is GRANTED;
2. Plaintiff’s Amended Complaint as alleged against Defendant Dakota County
Sheriff’s Office is DISMISSED without prejudice; and

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Mail to Plaintiff has been returned as undeliverable to the Clerk’s Office. Plaintiff cannot
argue that he did not receive notice of the present motion practice. The Court reminds
Plaintiff that it his responsibility to monitor the docket and the proceedings of the litigation
that he initiated.
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CASE 0:18-cv-01180-JNE-LIB Document 119 Filed 08/31/20 Page 2 of 2

3. Plaintiff’s Amended Complaint as alleged against Defendant Deputies Winfrey,
Herrera, Smith, Themmes, Schak, Tyler, Fitzhenry, and Oppong is DISMISSED
with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: August 28, 2020

s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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