Mullins v. Morgan et al

Filing 84

ORDER ACCEPTING REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that: The December 30, 2024 Report and Recommendation (Doc. No. 83) is ACCEPTED. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe's Motion to Dismiss (Doc. No. 53) is GRANTED . Plaintiff's Motion to Dismiss Dr. Morgan from Count II (Doc. Nos. 76, 80) is GRANTED. Count II as asserted against Defendants Karin Parsons and Rachel Wolfe is DISMISSED WITHOUT PREJUDICE. Count II as asserted against Defendant Dr. Morgan is DISMISSED WITH PREJUDICE. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe are dismissed from the case. (Written Opinion) Signed by Judge Jerry W. Blackwell on 1/27/2025. (DMD)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gary Mullins, Jr., Civ. No. 23-1855 (JWB/DTS) Plaintiff, v. Dr. Morgan, Chief Medical Doctor; United States of America; Karin Kay Parsons, P.A.; and Rachel Wolfe, R.N., ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Defendants. Gary Mullins, Jr., pro se Plaintiff. Trevor Brown, Esq., DOJ-USAO, counsel for Defendants. United States Magistrate Judge David T. Schultz issued a Report and Recommendation (“R&R”) on December 30, 2024. (Doc. No. 83.) No objection has been filed to that R&R in the time permitted. Absent a timely objection, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in the case, IT IS HEREBY ORDERED that: 1. The December 30, 2024 Report and Recommendation (Doc. No. 83) is ACCEPTED; 2. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe’s Motion to Dismiss (Doc. No. 53) is GRANTED; 3. Plaintiff’s Motion to Dismiss Dr. Morgan from Count II (Doc. Nos. 76, 80) is GRANTED; 4. Count II as asserted against Defendants Karin Parsons and Rachel Wolfe is DISMISSED WITHOUT PREJUDICE; 5. Count II as asserted against Defendant Dr. Morgan is DISMISSED WITH PREJUDICE; and 6. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe are dismissed from the case. Date: January 27, 2025 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge 2

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