Johnson-Mukes v. Fargo Police Department et al

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS and dismissing complaint by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Beulah Johnson Muckes, a/k/a Beulah
Johnson-Mukes, a/k/a Beulah Muckes
Johnson,

Case No. 3:15-cv-88

Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

-vsFargo Police Department; Crookston
Police Department; Minnesota State
University, Crookston, Charles [LNU],
Chancellor/President; Church of Christ
Crookston; Marshall O. Johnson, Sr.,
a/k/a Marshall Owen Johnson, Sr.
(Dad); Dorothy Pee (Houston, TX);
Bobbi Maddox, a/k/a Bobby Maddox
(Houston, TX); Marie Lee (Houston,
TX); State of California; Audubon
Society of Fargo; and Owners of the
Black Building, a/k/a Kilbo[u]rne
Properties (Fargo, ND),
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.1 The Report and
Recommendation recommends dismissal of all claims. The plaintiff has not filed objections
within the prescribed time period.
After reviewing the record and the magistrate judge’s Report and Recommendation,
the court finds the magistrate judge’s analyses of the claims and recommendations for
disposition are appropriate. Accordingly, the court hereby adopts the Report and
Recommendation in its entirety. The claims against the police departments, the University
of Minnesota Crookston, the university’s president for monetary damage, the State of

1

Doc. #8.

1

California, the Audubon Society, the owners of the Black Building, and all claims under the
North Dakota Criminal Code are dismissed with prejudice for the reasons stated in the
Report and Recommendation. The claims against Marshall O. Johnson, Sr., Bobbi Maddox,
Dorothy Pee, Marie Lee, the Church of Christ Crookson, against the university’s president
for injunctive relief, and any unidentified Fargo police officers are dismissed without
prejudice for the reasons stated in the Report and Recommendation.
Because any appeal taken would be frivolous and not in good faith, it may not be
taken in forma pauperis.
IT IS SO ORDERED.
Dated this 22nd day of February, 2016.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

2