Bruesch v. Netolicky et al

Filing 101

ORDER ADOPTING 99 and 100 REPORTS AND RECOMMENDATIONS; denying 75 Motion for Order to Show Cause; denying 75 Motion for Preliminary Injunction; denying 75 Motion for TRO; granting 78 Motion for Summary Judgment; denying 92 Motion for Restraining Order; finding as moot 94 Motion to Continue; and dismissing case without prejudice by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Nicholas Dodge Bruesch,
Case No. 3:13-cv-50
Plaintiff,
ORDER ADOPTING REPORTS
AND RECOMMENDATIONS

-vsBrandi Netolicky, Lyle Mee, and Paul
Belisle,
Defendants.

The court has received two Reports and Recommendations from the Honorable
Alice R. Senechal, United States Magistrate Judge, pursuant to 28 U.S.C. § 636,
recommending that the plaintiff’s requests for a preliminary injunction be denied, the
defendants’ motion for summary judgment be granted, and the plaintiff’s complaint be
dismissed without prejudice.1 Plaintiff Nicholas Dodge Bruesch has not filed objections
to the Reports and Recommendations within the prescribed time period.
After considering the magistrate judge’s reports and also conducting a review of
the entire record, the court finds the magistrate judge’s analyses and recommendations
are appropriate. Accordingly, the court hereby adopts the Reports and Recommendations
in their entirety. For the reasons set forth therein, Bruesch’s requests for a preliminary
injunction2 are DENIED, the defendants’ motion for summary judgment3 is GRANTED,
and Bruesch’s complaint is hereby dismissed without prejudice. In addition, the

1

Doc. #100.

2

Docs. #75 & 92.

3

Doc. #78.

1

defendants’ motion to continue the trial4 is hereby DISMISSED as MOOT.
IT IS SO ORDERED.
Dated this 27th day of February, 2015.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

4

Doc. #94.

2