McIntosh v. Gallion et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 18 Motion to Dismiss filed by Gallion, Hess, Jared Rardin, Dionne Hart (Written Opinion) Signed by Judge John R. Tunheim on 9/24/2024. (HMA)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

PATRICK RANDELL MCINTOSH,
Plaintiff,

Civil No. 23-3149 (JRT/ECW)
ORDER

v.
LT. GALLION, et al.,
Defendants.

Patrick Randell McIntosh, Reg. No. 24876-171, Federal Medical Center, P.O.
Box 1600, Butner, NC 27509, pro se plaintiff.
Ana H Voss, Assistant United States Attorney, UNITED STATES ATTORNEY'S
OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for
defendants.
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by
United States Magistrate Judge Elizabeth Cowan Wright dated August 29, 2024, all the
files and records, and no objections having been filed to said Report and
Recommendation, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss (ECF No. 18) is GRANTED;

2.

The Complaint is dismissed WITHOUT PREJUDICE as to Plaintiff’s requests

for declaratory relief and injunctive relief against Defendants in their official capacities;
3.

This Action is dismissed WITH PREJUDICE as to the claims under Bivens for

monetary relief against Defendants in their individual capacities with respect to
Plaintiff’s allegations of First Amendment, Fourth Amendment, Fifth Amendment, and

possible Eighth Amendment (related to excessive force) violations, as well as all
respondent superior claims against Defendant Warden Jared Rardin;
4.

Plaintiff’s claim under Bivens for deliberate indifference to a serious

medical need under the Eighth Amendment, and claim under the Rehabilitation Act is
dismissed WITHOUT PREJUDICE; and
5.

This Action is dismissed WITH PREJUDICE as to Plaintiff’s claims under the

Americans with Disability Act and the Health Insurance Portability and Accountability
Act.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: September 24, 2024
at Minneapolis, Minnesota

s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge