Bruesch v. Netolicky et al

Filing 81

ORDER ADOPTING 73 REPORT AND RECOMMENDATIONS; denying 44 Motion for Order to Show Cause; denying 44 Motion for Preliminary Injunction; denying 44 Motion for TRO; denying 58 Motion for Order to Show Cause; denying 62 Motion for Preliminary Injunction; denying 62 Motion for TRO; and denying 67 Motion for Order to Show Cause 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,
-vsBrandi Netolicky, Lyle Mee, and Paul
Belisle,

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DENYING MOTIONS FOR
PRELIMINARY INJUNCTION

Defendants.
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 that Plaintiff Nicholas Dodge Bruesch’s motions for a preliminary
injunction be denied.1 Since the filing of the Report and Recommendation, Bruesch has
filed a new motion for an order to show cause and for a preliminary injunction and/or
temporary restraining order2 and a motion for the appointment of counsel3; however, he
has not filed specific objections to the magistrate judge’s Report and Recommendations.
In addition, Defendants have filed a motion for summary judgment.4
After conducting a de novo review of the record, the Court finds the magistrate
judge’s analysis and recommendations are appropriate. To the extent that Bruesch’s
new motion can be construed as objections to the Report and Recommendation, the
Court finds there is nothing presented in that motion that would lead the Court to find

1

Doc. #73.

2

Doc. #75.

3

Doc. #74.

4

Doc. #78.

that the magistrate judge’s analysis is incorrect or that injunctive relief is warranted.
Accordingly, the Court hereby adopts the Report and Recommendation in its entirety.
For the reasons set forth therein, Bruesch’s motions for a preliminary injunction5 are
DENIED.
IT IS SO ORDERED.
Dated this 3rd day of October, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

5

Docs. #44, #58, #62, & #67.

2