Rheault v. Fargo, City of et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 36 Motion for Summary Judgment; denying 40 Motion for Hearing; adopting 51 Report and Recommendations. by Chief Judge Ralph R. Erickson. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Jacob Daniel Rheault,
Plaintiff,
vs.
City of Fargo, North Dakota, Fargo Police
Department, North Dakota, Officer Sarah
Cruze, Individually, and Officer
Christopher Helmick, Individually,
Defendants.

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Case No. 3:12-cv-21
ORDER ADOPTING
REPORT AND RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, recommending that the defendants’ motion for summary judgment
(Doc. #36) be granted, the defendants’ motion for a hearing (Doc. #40) be denied, and Jacob Daniel
Rheault’s complaint (Doc. #7) be dismissed.

No party has objected to the Report and

Recommendation (Doc. #51).
The Court has reviewed the Report and Recommendation, along with the entire record in this
matter, and finds that the Magistrate Judge’s position is correct. For the reasons outlined by the
Magistrate Judge, the Court ADOPTS the Report and Recommendation in its entirety and ORDERS
that the defendants’ motion for summary judgment is GRANTED. The defendants’ motion for a
hearing is DENIED and Rheault’s complaint is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.

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Dated this 25th day of June, 2013

/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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