Rossmann v. Henricks

Filing 13

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS and dismissing case without prejudice by Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Brud Rossmann,
Plaintiff,

Case No. 3:16-cv-308

-vs-

ORDER ADOPTING REPORT AND
RECOMMENDATION

Patricia Henricks, John Doe-1, John
Doe-2, and John Doe-3,
Defendants.
The court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, recommending that the plaintiff’s complaint be
dismissed without prejudice and that any appeal would be frivolous, could not be taken in
good faith, and may not be taken in forma pauperis.1 All court documents and orders in
this case have been mailed to the address identified by Plaintiff Brud Rossmann. Each
mailing has been returned as undeliverable. Rossmann has provided no other address.
The court has reviewed the record and the magistrate judge’s Report and
Recommendation and finds that the court lacks jurisdiction over Rossmann’s claims. The
court hereby ADOPTS the magistrate judge’s Report and Recommendation in its entirety.
Rossmann’s complaint is hereby dismissed without prejudice. The court further finds 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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Doc. #9.

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