Jones v. Boeng et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Chief Judge Ralph R. Erickson. 11 Report and Recommendation is adopted in its entirety and case is dismissed with prejudice. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Robert D. Jones, Jr.

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Plaintiff,
vs.
Mark Boeng, Honorable Judge Webb, and
Reid Brady,
Defendants.

Case No. 3:12-cv-63
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 Robert D. Jones Jr.’s complaint be dismissed
because it was not properly brought as a habeas corpus petition and because the named defendants
are immune from suit (Doc. #11). Jones has not objected to the Report and Recommendation.
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. The Court ADOPTS the Report
and Recommendation in its entirety and ORDERS that Jones’s complaint is DISMISSED WITH
PREJUDICE. The Court FURTHER ADOPTS the Magistrate Judge’s recommendation and finds
that any appeal would be frivolous, could not be taken in good faith, and may not be taken in forma
pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 21st day of February, 2013
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court
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