Campbell v. Othoff et al

Filing 21

ORDER by Judge Daniel L. Hovland granting 15 Motion to Dismiss for Failure to State a Claim; adopting 19 Report and Recommendations.(JM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA

Anthony Leon Campbell,

)
)
Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 4:15-cv-143
Paul Othoff, Commander Ward County Jail )
Operations and Manager for Turnkey,
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Corrections at Ward County Jail; Turnkey )
Correction, Inc.; Steve Kukowski, Sheriff )
of Ward County Jail Facility; Leann
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Bertsch, Director of Department of
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Corrections
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Defendants.
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______________________________________________________________________________
The Plaintiff, Anthony Campbell, is an inmate at the Ward County Jail in Minot, North
Dakota. On November 2, 2015, Campbell initiated a pro se civil rights action alleging the prices
charged in the Ward County Jail’s commissary are excessive because they are greater than what
persons outside the facility would have to pay for the same items on the open market. See Docket
No. 7. Defendant Leann Bertsch filed a motion to dismiss on November 30, 2015. See Docket
No. 15. 
After screening the complaint as required by 28 U.S.C. § 1915(e)(2), Magistrate Judge
Charles S. Miller, Jr. issued a Report and Recommendation on February 17, 2016, in which he
recommended that Defendant Leann Bertsch’s motion to dismiss as to her be granted, Plaintiff’s
complaint be otherwise dismissed in its entirety for failure to state a claim, and the dismissal be
without prejudice with respect to Campbell’s claims of antitrust violation and with prejudice with
respect to his equal protection claim. See Docket No. 19. Because Campbell is incarcerated, the

time for filing objections to the report was extended until March 17, 2016. An objection to the
Report and Recommendation was filed on March 11, 2016. See Docket No. 20.
The Court has carefully reviewed Judge Miller’s Report and Recommendation, the
objection to the Report and Recommendation, the relevant case law, and the entire record, and
finds the Report and Recommendation to be persuasive. Accordingly, the Court ADOPTS the
Report and Recommendation (Docket No. 19) in its entirety, GRANTS Defendant Bertsch’s
motion to dismiss as to her (Docket No. 15), and DISMISSES Plaintiff’s complaint in its entirety
for failure to state a claim. The dismissal shall be without prejudice with respect to Plaintiff’s
claims of antitrust violation and with prejudice with respect to his equal protection claim.
IT IS SO ORDERED.
Dated this 17th day of March, 2016.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court