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)

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.

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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

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