Olafson v. Schulz et al

Filing 114

ORDER ADOPTING 110 REPORT AND RECOMMENDATIONS; and granting 90 Motion for Summary Judgment by Judge Ralph R. Erickson. Judgment shall be entered in favor of all defendants except for Kerry Wicks, Alex Schweitzer, and Dr. Mark Rodlund.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Andrew James Olafson,
Plaintiff,

Case No. 3:14-cv-90

-vs-

ORDER ADOPTING REPORT AND
RECOMMENDATION

Ann Schulz, Wanda Bear, Della Lee,
Karen Marzolf, Jan Schultz, Shawn Lee,
Chad Schultz, Charles Alexander, Mike
James Grenz, Kerry Wicks, Randy
Switters, Alex Schweitzer, Travis
Bullock, Lynette Laber, Claudia Hoyt,
Shari Carr, Carley Randall, Dr. Mark
Rodlund, Marilyn Slaughter, and
JoMarie Wiest,
Defendants.
The court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, recommending that defendants, other than Kerry
Wicks, Alex Schweitzer, and Dr. Mark Rodlund1, are entitled to qualified immunity and thus
the defendants’ summary judgment motion should be granted.2 No party has filed
objections within the prescribed time. The Report and Recommendation was mailed to
Plaintiff Andrew James Olafson and was not returned as undeliverable.
Upon review of the record, the applicable case law, and the magistrate judge’s Report
and Recommendation, the court finds that the magistrate judge’s analysis is correct. The
court hereby adopts the Report and Recommendation in its entirety. For the reasons stated
in the Report and Recommendation, the defendants’ motion for summary judgment3 is
granted as to all defendants, except as to the previously stayed claims against Kerry Wicks,

1

The claims against these defendants have been stayed pursuant to a previous court order.

2

Doc. #110.

3

Doc. #90.

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Alex Schweitzer, and Dr. Mark Rodlund. Olafson’s complaint as to all defendants other
than Kerry Wicks, Alex Schweitzer, and Dr. Mark Rodlund is DISMISSED with prejudice.
The Clerk shall enter judgment in favor of the defendants, other than Kerry Wicks, Alex
Schweitzer, and Dr. Mark Rodlund, and the case shall remain stayed in accordance with the
court’s previous orders regarding the claims against Defendants Wicks, Schweitzer, and
Rodlund.
The court finds that and that any appeal would be frivolous, could not be taken in
good faith, and may not be taken in forma pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 19th day of September, 2017.
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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