Semler v. Eastbay, Inc.
Semler v. Eastbay, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Raymond L. Semler, Case No. 18-cv-3220 (WMW/LIB) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Eastbay, Inc., and Unknown Jane and John Does at the Minnesota Sex Offender Program Moose Lake, Defendants.
This matter is before the Court on the March 4, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, (Dkt. 21), addressing Defendant Eastbay, Inc.’s motion to dismiss, (Dkt. 5). Objections to the R&R have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The March 4, 2019 R&R, (Dkt. 21), is ADOPTED.
2. Defendant Eastbay, Inc.’s motion to dismiss, (Dkt. 5), is GRANTED in part and DENIED in part as follows: a. Plaintiff Raymond L. Semler’s Fourteenth Amendment claim, see U.S. Const. amend. XIV, is DISMISSED WITH PREJUDICE; and b. Pursuant to 28 U.S.C. § 1367(c)(3), Plaintiff’s Minnesota state law claims are REMANDED to Ramsey County District Court, Second Judicial District of Minnesota.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 29, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Raymond L. Semler, Case No. 18-cv-3220 (WMW/LIB) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Eastbay, Inc., and Unknown Jane and John Does at the Minnesota Sex Offender Program Moose Lake, Defendants.
This matter is before the Court on the March 4, 2019 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, (Dkt. 21), addressing Defendant Eastbay, Inc.’s motion to dismiss, (Dkt. 5). Objections to the R&R have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The March 4, 2019 R&R, (Dkt. 21), is ADOPTED.
2. Defendant Eastbay, Inc.’s motion to dismiss, (Dkt. 5), is GRANTED in part and DENIED in part as follows: a. Plaintiff Raymond L. Semler’s Fourteenth Amendment claim, see U.S. Const. amend. XIV, is DISMISSED WITH PREJUDICE; and b. Pursuant to 28 U.S.C. § 1367(c)(3), Plaintiff’s Minnesota state law claims are REMANDED to Ramsey County District Court, Second Judicial District of Minnesota.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 29, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.