Ireland et al v. Olson et al

Filing 590

ORDER ADOPTING 546 REPORT AND RECOMMENDATION; denying 536 Motion to Dismiss without prejudice; and granting 545 Motion to Dismiss with prejudice by Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Rodney J. Ireland, Lester McGillis, Gerald
DeCoteau, William Carter, Ryan Corman,
Matthew Graham, Terry Greak, Glenn
Halton, Robert Hoff, Monte Hojian,
Jeremy Johnson, Michael Kruk, Garrett
Loy, Kevette Moore, Cruz Muscha, Darin
Napier, Paul Oie, Timothy Olpin, Larry
Rubey, Christopher Simon, Kelly Tanner,
John Westlie, Robert Lilley, Darl Hehn,
Oliver Wardlow, Joshua Keeping,
Matthew Dyer, Travis Wedmore, Kyle
Aune, Marcus Bartole, Jason Gores, Estel
Naser, Andrew Olafson, Stanton Quilt,
Raymond Voisine, Eugene Wegley, David
Anderson, Eugene Fluge, Robert
Beauchamp, Sandy Mangelsen, and
Eugene Hinson,

Case No. 3:13-cv-03
ORDER ADOPTING REPORT AND
RECOMMENDATION ON
DISMISSAL OF EUGENE HINSON

Plaintiffs,
-vsState of North Dakota, North Dakota,
Department of Human Services, North
Dakota State Hospital, Dr. Rosalie
Etherington, Superintendent of the North
Dakota State Hospital, and Christopher
Jones, Executive Director of the North
Dakota Department of Human Services,
Defendants.
The court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that
the plaintiffs’ motion to dismiss Eugene Hinson without prejudice be denied and that the
defendants’ motion to dismiss Eugene Hinson with prejudice be granted.1 No party has

1

Doc. #546.

1

filed objections to the Report and Recommendation within the time period prescribed.
Upon review of the record, the court hereby adopts the magistrate judge’s Report and
Recommendation in its entirety. The plaintiffs’ motion to dismiss Eugene Hinson without
prejudice2 is denied and that the defendants’ motion to dismiss Eugene Hinson with
prejudice3 is granted.
IT IS SO ORDERED.
Dated this 18th day of September, 2017.

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

2

Doc. #536.

3

Doc. #545.

2