Garner v. O'Brien et al

Filing 24

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS; denying 16 Motion for Preliminary Injunction; and dismissing Complaint with prejudice by Chief Judge Ralph R. Erickson.(SH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Anthony Craig Garner, Plaintiff, -vsAdam O’Brien, Donald Walter Kern, Jr., Cherie L. Clark, Paul David McKeever, Michael Bernier, and Sara Gunther, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 3:13-cv-96 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 complaint be dismissed with prejudice, and his motion for a preliminary injunction be denied (Doc. #23). Plaintiff has not filed an objection or any other response with the Court. The Court has reviewed the Report and Recommendation along with the entire file, and finds the Magistrate Judge’s recommendations are appropriate. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff’s complaint (Doc. #5) is DISMISSED with prejudice, and his motion for a preliminary injunction (Doc. #16) is DENIED. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 11th day of April, 2014. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

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