Tollefson v. Corwin

Filing 41

ORDER ADOPTING 34 REPORT AND RECOMMENDATION and denying 12 Motion for Default Judgment by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Jon Reed Tollefson,

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Plaintiff,
-vsWickham Corwin
Defendant.

Case No. 3:13-cv-53
ORDER ADOPTING REPORT AND
RECOMMENDATION

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
Jon Tollefson’s motion for default judgment be denied (Doc. #34). Tollefson has filed an
objection to the Report and Recommendation, objecting to “the entire Report.” (Doc. #39). He
contends the Report is “void for vagueness” and he expresses skepticism of magistrate judges in
general. He also asserts that the motion to dismiss filed by the defendant contains “extraneous
issues” and does not address the merits of his claims.
Tollefson filed his complaint on July 12, 2013. Defendant filed his motion to dismiss on
August 9, 2013. The motion to dismiss raises a number of legal issues, including the abstention
doctrine, subject matter jurisdiction, and failure to state a claim upon which relief can be granted.
The Court finds the motion and corresponding memorandum is sufficient to raise legally
cognizable issues that, under Rule 12(b), should be made before filing an answer. Tollefson’s
motion for default judgment is DENIED.
IT IS SO ORDERED.
Dated this 24th day of October, 2013.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court