Grzeskowiak v. Fennell et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 dismissing the complaint with prejudice and denying 9 Motion for Recusal filed by Peter John Grzeskowiak by Chief Judge Ralph R. Erickson. (SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
Peter John Grzeskowiak,
Plaintiff,
-vsDr. Colin Fennell and Case Pro, Inc.,
Defendant.

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Case No. 2:11-cv-18
ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K.
Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending the
complaint be dismissed with prejudice (Doc. #8). On May 20, 2011, Plaintiff filed a document
stating he did not agree to the magistrate judge’s participation and seeking the undersigned’s
removal for “prejudicial bias.” (Doc. #9).
Upon consideration, Plaintiff has failed to identify any basis or facts supporting his
motion for recusal. Moreover, to the extent Plaintiff’s pleading can be construed as an objection
to the Report and Recommendation, he has not identified any factual or legal basis for objecting
to the Report and Recommendation. Plaintiff did not consent to the exercise of jurisdiction by
the magistrate judge (Doc. #3); therefore, in accordance with 28 U.S.C. § 636, the magistrate
judge prepared a Report and Recommendation.
The Court has now carefully reviewed the Report and Recommendation, along with the
entire file, and finds that the Magistrate Judge’s position is correct. Further, Plaintiff has failed
to articulate any reason why the undersigned must be removed or that the magistrate judge’s
participation is improper. Accordingly, after a de novo review, the Court hereby adopts the
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Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff’s
complaint is dismissed with prejudice. Plaintiff’s motion for recusal is DENIED.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 27th day of May, 2011.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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