MacDermott v. Federal Bureau of Prisons

U.S. District Court, District of Minnesota

MacDermott v. Federal Bureau of Prisons

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Troy Nicholas MacDermott,         Case No. 24-CV-01984 (JMB/DTS)         

               Plaintiff,                                                


                                  AMENDED ORDER ON REPORT                
v.                                                                       
                                             AND                         

                                      RECOMMENDATION                     
Federal Bureau of Prisons, BOP, Collette                                 

S. Peters, Director, BOP, in her official                                
capacity,                                                                

               Defendants.                                               



    This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge David T. Schultz dated June 25, 2024.  (Doc. No. 11.)  
Neither party has objected to the R&R, and the time to do so has now passed.  See D. Minn. 
L.R. 72.2(b)(1).  In the absence of timely objections, the Court reviews the R&R for clear 
error.  See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 
73 F.3d 793, 795
 (8th Cir. 1996) 
(per curiam).  Finding no clear error, and based upon all the files, records, and proceedings 
in the above-captioned matter, IT IS HEREBY ORDERED THAT:                 
    1.   The R&R (Doc. No. 11) is ADOPTED;                               

    2.   Plaintiff’s Motion to Certify Class, (Doc. No. 4), is DENIED WITHOUT 
         PREJUDICE as premature; and                                     

    3.   Plaintiff’s Motion to Appoint Class Counsel, (Doc. No. 6), is DENIED 
         WITHOUT PREJUDICE as premature.                                 

Dated: July 19, 2024                    /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Troy Nicholas MacDermott,         Case No. 24-CV-01984 (JMB/DTS)         

               Plaintiff,                                                


                                  AMENDED ORDER ON REPORT                
v.                                                                       
                                             AND                         

                                      RECOMMENDATION                     
Federal Bureau of Prisons, BOP, Collette                                 

S. Peters, Director, BOP, in her official                                
capacity,                                                                

               Defendants.                                               



    This matter is before the Court on the Report and Recommendation (R&R) of 
United States Magistrate Judge David T. Schultz dated June 25, 2024.  (Doc. No. 11.)  
Neither party has objected to the R&R, and the time to do so has now passed.  See D. Minn. 
L.R. 72.2(b)(1).  In the absence of timely objections, the Court reviews the R&R for clear 
error.  See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 
73 F.3d 793, 795
 (8th Cir. 1996) 
(per curiam).  Finding no clear error, and based upon all the files, records, and proceedings 
in the above-captioned matter, IT IS HEREBY ORDERED THAT:                 
    1.   The R&R (Doc. No. 11) is ADOPTED;                               

    2.   Plaintiff’s Motion to Certify Class, (Doc. No. 4), is DENIED WITHOUT 
         PREJUDICE as premature; and                                     

    3.   Plaintiff’s Motion to Appoint Class Counsel, (Doc. No. 6), is DENIED 
         WITHOUT PREJUDICE as premature.                                 

Dated: July 19, 2024                    /s/ Jeffrey M. Bryan              
                                       Judge Jeffrey M. Bryan            
                                       United States District Court      

Reference

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