Clark v. Gross et al

Filing 65

ORDER granting 50 Motion for Summary Judgment; adopting 63 Report and Recommendation; denying 49 Motion for Appointment of Counsel; denying 49 Motion to Extend; denying 59 Motion to Dismiss Affidavits. Signed by U.S. District Judge Karen E. Schreier on 11/9/16. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JONATHAN D. CLARK, SR.,
Plaintiff,
vs.
JOHN GROSS, police officer at
Minnehaha Police Station, in his
individual and official capacity; ERIC
DOPPENBERG, correction officer at
Minnehaha County jail, in his
individual and official capacity,

4:15-CV-04068-KES
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
GRANTING SUMMARY JUDGMENT

Defendants.
Plaintiff, Jonathan D. Clark, Sr., filed this lawsuit pursuant to 42 U.S.C.
§ 1983. The case was referred to Magistrate Judge Veronica Duffy pursuant to
28 U.S.C. § 636(b)(1)(B) for the purpose of conducting any necessary hearings,
including evidentiary hearings.
On October 3, 2016, the magistrate judge submitted her report and
recommended that Clark’s motion for appointment of counsel (Docket 49), his
motion to extend (Docket 49), and his motion to dismiss affidavits (Docket 59)
be denied. She also recommended that defendants’ motion for summary
judgment (Docket 50) be granted.
Clark was notified in the report and recommendation that he had 14
days to file objections to the report. Even though no objections were filed that
would require de novo review under Thompson v. Nix, 897 F.2d 356 (8th Cir.

1990), the court reviewed the matter de novo and finds that the magistrate
judge's report and recommendation is adopted in full. Therefore, it is
ORDERED that:
1.

The report and recommendation of the magistrate judge (Docket

63) is adopted in full.
2.

Clark’s motion for appointment of counsel (Docket 49) is denied.

3.

Clark’s motion to extend (Docket 49) is denied.

4.

Clark’s motion to dismiss affidavits (Docket 59) is denied.

5.

Defendants’ motion for summary judgment (Docket 50) is granted.

Dated November 9, 2016.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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