Lindsey v. Department of Human Services
U.S. District Court, District of Minnesota
Lindsey v. Department of Human Services
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Dale Allen Lindsey,
Case No. 23-CV-3299 (KMM/JFD)
Plaintiff,
v. ORDER
Jodi Harpstead, Nicole Broder, John
Barry, Keire Ovsak, Tanya Eiffer, and
Krista Gilpin,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge John F. Docherty, dated
July 12, 2024. ECF 40. Judge Docherty recommends the dismissal of official-capacity
claims against certain state officials, but would allow certain individual-capacity claims
to proceed. See id. Plaintiff Dale Lindsey has filed a response indicating he does not
object to these recommendations. ECF 42.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
IT IS HEREBY ORDERED that:
1. Defendant’s Motion to Dismiss (ECF 21) is GRANTED; and
2. Plaintiff’s Causes of Action for monetary damages under 42 U.S.C. §
1983 against Defendants sued in their official capacities are
DISMISSED WITHOUT PREJUDICE.
Date: August 20, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Dale Allen Lindsey,
Case No. 23-CV-3299 (KMM/JFD)
Plaintiff,
v. ORDER
Jodi Harpstead, Nicole Broder, John
Barry, Keire Ovsak, Tanya Eiffer, and
Krista Gilpin,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge John F. Docherty, dated
July 12, 2024. ECF 40. Judge Docherty recommends the dismissal of official-capacity
claims against certain state officials, but would allow certain individual-capacity claims
to proceed. See id. Plaintiff Dale Lindsey has filed a response indicating he does not
object to these recommendations. ECF 42.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
IT IS HEREBY ORDERED that:
1. Defendant’s Motion to Dismiss (ECF 21) is GRANTED; and
2. Plaintiff’s Causes of Action for monetary damages under 42 U.S.C. §
1983 against Defendants sued in their official capacities are
DISMISSED WITHOUT PREJUDICE.
Date: August 20, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Reference
- Status
- Unknown