U.S. District Court, District of Minnesota, 2024

Semler v. Johnston

Semler v. Johnston
U.S. District Court, District of Minnesota · Decided July 9, 2024

Semler v. Johnston

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Raymond L. Semler, Civ. No. 24-1850 (JWB/TNL) Plaintiff, v. ORDER ACCEPTING Nancy Johnston, CEO Minnesota Sex REPORT AND RECOMMENDATION Offender Program; Brian Ninneman, OF MAGISTRATE JUDGE MSOP – Moose Lake Complex 1A-Unit Director; and Marc Zika, Group Supervisor – MSOP – St. Peter, sued in their individual and official capacities, Defendants.

United States Magistrate Judge Tony N. Leung issued a Report and Recommendation (“R&R”) on May 29, 2024. (Doc. No. 6.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.

Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in this case, IT IS HEREBY ORDERED that: 1. The May 29, 2023 Report and Recommendation (Doc. No. 6) is ACCEPTED; 2. Plaintiff Raymond L. Semler’s Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to state a claim; 3. Plaintiff’s requests for injunctive and declarative relief (Doc. No. 1) are DENIED AS MOOT; and 4. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: July 9, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Raymond L. Semler, Civ. No. 24-1850 (JWB/TNL) Plaintiff, v. ORDER ACCEPTING Nancy Johnston, CEO Minnesota Sex REPORT AND RECOMMENDATION Offender Program; Brian Ninneman, OF MAGISTRATE JUDGE MSOP – Moose Lake Complex 1A-Unit Director; and Marc Zika, Group Supervisor – MSOP – St. Peter, sued in their individual and official capacities, Defendants.

United States Magistrate Judge Tony N. Leung issued a Report and Recommendation (“R&R”) on May 29, 2024. (Doc. No. 6.) No objections have been filed to that R&R in the time permitted. Absent timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found.

Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in this case, IT IS HEREBY ORDERED that: 1. The May 29, 2023 Report and Recommendation (Doc. No. 6) is ACCEPTED; 2. Plaintiff Raymond L. Semler’s Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to state a claim; 3. Plaintiff’s requests for injunctive and declarative relief (Doc. No. 1) are DENIED AS MOOT; and 4. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: July 9, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.