Wagner v. Campbell et al

Filing 35

MEMORANDUM AND ORDER adopting the magistrate judge's Findings and Recommendation 33 . The plaintiff's motion to remand (filing 24 ) is denied. The plaintiff's motion to dismiss all official-capacity claims (filing 7 ) is granted. The plaintiff's motion to dismiss all individual defendants except Kevin Campbell (filing 29 ) is granted. There being no just reason for delay, judgment shall be entered by separate document dismissing without prejudice all claims alleged against all defendants except claims alleged against Kevin Campbell in his individual capacity only. This action shall proceed on the amended complaint (filing 28 ) that the plaintiff has filed against Kevin Campbell in his individual capacity. The defendants motion to dismiss the original complaint (filing 26 ) is denied without prejudice, as moot. Ordered by Senior Judge Richard G. Kopf. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATRICIA WAGNER,
Plaintiff,
v.
KEVIN CAMPBELL, et al.,
Defendants.

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4:13CV3006
MEMORANDUM
AND ORDER

This matter is before the court on the findings and recommendation filed by
Magistrate Judge Cheryl R. Zwart on April 29, 2013 (filing 33). Judge Zwart
recommends (1) that the plaintiff’s motion for remand (filing 24) be denied, (2) that
the plaintiff’s motion to dismiss all official-capacity claims (filing 7) be granted, and
(3) that the plaintiff’s motion to dismiss all individual defendants except Kevin
Campbell (filing 29) be granted.
No objections have been filed to the findings and recommendation within the
time permitted by 28 U.S.C. § 636(b)(1). In any event, I have conducted a de novo
review and find that Judge Zwart has correctly found the facts and applied the law.
Her findings and recommendation therefore will be adopted.
Accordingly,
IT IS ORDERED:
1.

The magistrate judge’s findings and recommendation (filing 33) are
adopted.

2.

The plaintiff’s motion to remand (filing 24) is denied.

3.

The plaintiff’s motion to dismiss all official-capacity claims (filing 7) is
granted.

4.

The plaintiff’s motion to dismiss all individual defendants except Kevin
Campbell (filing 29) is granted.

5.

There being no just reason for delay, judgment shall be entered by
separate document dismissing without prejudice all claims alleged
against all defendants except claims alleged against Kevin Campbell in
his individual capacity only.

6.

This action shall proceed on the amended complaint (filing 28) that the
plaintiff has filed against Kevin Campbell in his individual capacity.

7.

The defendants’ motion to dismiss the original complaint (filing 26) is
denied without prejudice, as moot.1

May 22, 2013.

BY THE COURT:

Richard G. Kopf
United States District Judge

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The defendants have also responded to the amended complaint with a motion
to dismiss (filing 30). That motion will be ruled upon by the court in a subsequent
memorandum and order.
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