Jenkins v. Stutsman County Correctional Center et al

Filing 69

ORDER ADOPTING 68 REPORT AND RECOMMENDATION; granting 54 Motion for Summary Judgment; granting 58 Motion for Summary Judgment; and dismissing 14 amended complaint by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Brodrick Jamar Jenkins,
Plaintiff,

Case No. 3:13-cv-67

-vsORDER ADOPTING REPORT AND
RECOMMENDATION

Stutsman County Correctional Center
Commissioner Chairman, Mark T. Klose
(in his official capacity), Tracey Trapp,
Stutsman County Correctional Center
Administration Officer (in her official
and individual capacity), Jolene
Unknown Last, Stutsman County
Correctional Center C.B.M. Managed
Service manager (in her official and
individual capacity), and Marlin C.
Sejnoha, Jr., C.B.M. Managed Service
C.E.O.,
Defendants.

Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that
the court find Plaintiff Brodrick Jenkins (“Jenkins”) failed to exhaust his administrative
remedies as to his federal law claims, that the court decline to exercise supplemental
jurisdiction over the remaining claims, that the motions for summary judgment be granted,
and that the complaint be dismissed without prejudice.1 In the alternative, the magistrate
judge recommends that the court find Jenkins has failed to identify any genuine issue of
material fact, that the motions for summary judgment be granted, and that Jenkins’
complaint be dismissed with prejudice as to his federal claims. Jenkins has not filed

1

Doc. #68.

1

objections within the prescribed time period.
After reviewing the record and considering the magistrate judge’s Report and
Recommendation, the court finds the magistrate judge’s analysis of the claims and
recommendations for disposition are appropriate. Accordingly, the court hereby adopts the
Report and Recommendation in its entirety. For the reasons stated therein, the procedural
defects warrant dismissal. Moreover, Jenkins’ federal claims are hereby dismissed with
prejudice for failure to raise a genuine issue of material fact. Jenkins’ remaining claims are
dismissed without prejudice. For these reasons, the defendants’ motions for summary
judgment2 are granted and Jenkins’ amended complaint3 is hereby dismissed.
The court finds that any appeal would be frivolous, cannot be taken in good faith,
and may not be taken in forma pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 30th day of March, 2015.

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

2

Docs. #54 & 58.

3

Doc. #14.

2