Olson v. Cass County Sheriff et al

Filing 64

ORDER by Chief Judge Peter D. Welte adopting 62 Report and Recommendations. (JS) (Main Document 64 replaced to correct error in document on 5/8/2024. NEF regenerated) (pb). Distributed on 5/8/2024 (pb).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EASTERN DIVISION
Ricky A. Olson,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 3:23-cv-179
Cass County Sheriff, Three Deputy Sheriffs, )
Cass County Medical Staff, and Nursing
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Staff of Cass County,
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Defendants.
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______________________________________________________________________________
Plaintiff Ricky A. Olson, proceeding pro se and in forma pauperis, filed a complaint on
October 17, 2023, alleging several claims under 42 U.S.C. § 1983. Doc. 16. On January 30, 2024,
United States Magistrate Judge Alice R. Senechal issued a Report and Recommendation,
recommending Olson be allowed to proceed with his excessive force claim if he is able to identify
the three deputies he accused of excessive force. Doc. 43. The Court adopted the Report and
Recommendation. Doc. 52. The Report and Recommendation adopted by this Court cautioned that
failure to amend the complaint could result in a recommendation that his complaint be dismissed.
Doc. 43. The deadline to amend the complaint was later extended to March 15, 2024. Doc. 45.
Olson has sent numerous letters to the court, but he has not submitted an amended complaint or
otherwise identified the three deputies by name. Doc. 44; Docs. 46-50; Docs. 54-60. Due to
Olson’s failure to amend the complaint or otherwise identify the deputies, Judge Senechal issued
a Report and Recommendation, recommending the complaint be dismissed. Doc. 62. Objections
to the Report and Recommendation were to be filed no later than April 11, 2024. Id. No objections
were received.

Having reviewed the Report and Recommendation, the relevant legal authority, and the
entire record, the Court agrees with Judge Senechal’s analysis. So, the Court ADOPTS the Report
and Recommendation (Doc. 62). Olson’s complaint (Doc. 16) is DISMISSED WITHOUT
PREJUDICE. Any appeal may not be taken in forma pauperis, as an appeal would be frivolous
and could not be taken in good faith.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 8th day of May, 2024.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
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