Gregerson v. Bertsch et al

Filing 20

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONSand 19 SUPPLEMENTAL REPORT AND RECOMMENDATION and denying 18 Motion to Amend/Correct complaint by Judge Ralph R. Erickson.(SH)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Andrew Kyle Gregerson, Plaintiff, Case No. 3:17-cv-81 -vs- ORDER ADOPTING REPORT AND RECOMMENDATION Leann K. Bertsch, Director of D.O.C.R.; Colby Braun, Warden of D.O.C.R.; and Tammy Schroeder, Inmate Accounts of D.O.C.R.; all in their individual and official capacities, 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 that the plaintiff’s complaint be dismissed and his requests for injunctive relief be denied. No objections to the Report and Recommendation have been filed. Plaintiff Andrew Gregerson, however, has moved for leave to amend his complaint.2 The magistrate judge has submitted a Supplemental Report and Recommendation recommending that Gregerson’s motion to amend the complaint be denied because his proposed amended complaint states no plausible claim entitling him to relief.3 Upon consideration of the entire record, the court finds the magistrate judge’s analysis of Gregerson’s claims is appropriate. The court hereby adopts the Report and Recommendation and the Supplemental Report and Recommendation in their entirety. IT 1 Doc. #14. 2 Doc. #18. 3 Doc. #19. 1 IS HEREBY ORDERED that (1) Gregerson’s motion for leave to amend the complaint is DENIED; (2) Gregerson’s request for injunctive relief are DENIED; and (3) Gregerson’s complaint is dismissed for failure to state a plausible claim entitling him to relief. The court finds any appeal would be frivolous, cannot be taken in good faith, and may not be taken in forma pauperis. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 18th day of August, 2017. /s/ Ralph R. Erickson Ralph R. Erickson, District Judge United States District Court 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?