Tollefson v. Corwin

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS; denying 29 Motion for Order to Show Cause/Temporary Restraining Order; denying 29 Motion for Hearing; granting 7 Motion to Dismiss; and dismissing Complaint with prejudice by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Jon Reed Tollefson,
Plaintiff,
-vsWickham Corwin,
Defendant.

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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’s motion for a temporary restraining order (Doc. #29) be denied; Plaintiff’s motion for a
hearing be (Doc. #29) be denied; Defendant’s motion to dismiss (Doc. #7) be granted; and
Plaintiff’s complaint be dismissed with prejudice. Plaintiff has not filed an objection within the
prescribed period of time.
The Court has reviewed the Report and Recommendation along with the entire file, and
finds the Magistrate Judge’s recommendations are appropriate. Upon de novo review, the Court
can find no cognizable claim alleged in this case. Accordingly, the Court hereby adopts the
Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff’s motion
for a temporary restraining order (Doc. #29) is DENIED; Plaintiff’s motion for a hearing (Doc.
#29) is DENIED; Defendant’s motion to dismiss (Doc. #7) is GRANTED; and Plaintiff’s
complaint is DISMISSED with prejudice.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 12th day of February, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court