Holmes v. Newkirk

U.S. District Court, District of Minnesota

Holmes v. Newkirk

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Stephen Nicholas Holmes,               Civ. No. 22-2985 (JWB/DJF)        

         Plaintiff,                                                      

v.                                                                        
                                        ORDER ACCEPTING                  
Reed Newkirk, Ramsey County Corrections     REPORT AND                    
Officer, individually; Armando Luna,    RECOMMENDATION OF                 
Ramsey County Corrections Officer,       MAGISTRATE JUDGE                 
individually; Scott Brommerich, Ramsey                                    
County Corrections Officer, individually;                                 
Zachary Rasmussen, Ramsey County                                          
Corrections Officer, individually; Shaun M.                               
Delrosario, Ramsey County Corrections                                     
Officer, individually; and Ahmed Mohamed,                                 
Ramsey County Corrections Officer,                                        
individually,                                                             

         Defendants.                                                     


Stephen Nicholas Holmes, Pro Se.                                          

Kevin S. Plaisance, Esq., and Kristine K. Nogosek, Esq., Ramsey County Attorney’s 
Office, counsel for Defendants.                                           


    United States Magistrate Judge Dulce J. Foster issued a Report and   
Recommendation (“R&R”) on November 27, 2023. (Doc. No. 44.) 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). Upon review of 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 herein, IT IS HEREBY ORDERED that:                            

    1.   The Report and Recommendation (Doc. No. 44) is ACCEPTED; and    
    2.   Defendants’ Motion to Dismiss (Doc. No.32) is DENIED.           
 Date: January 9, 2024                  s/ Jerry W. Blackwell            
                                       JERRY W. BLACKWELL                
                                       United States District Judge      

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


Stephen Nicholas Holmes,               Civ. No. 22-2985 (JWB/DJF)        

         Plaintiff,                                                      

v.                                                                        
                                        ORDER ACCEPTING                  
Reed Newkirk, Ramsey County Corrections     REPORT AND                    
Officer, individually; Armando Luna,    RECOMMENDATION OF                 
Ramsey County Corrections Officer,       MAGISTRATE JUDGE                 
individually; Scott Brommerich, Ramsey                                    
County Corrections Officer, individually;                                 
Zachary Rasmussen, Ramsey County                                          
Corrections Officer, individually; Shaun M.                               
Delrosario, Ramsey County Corrections                                     
Officer, individually; and Ahmed Mohamed,                                 
Ramsey County Corrections Officer,                                        
individually,                                                             

         Defendants.                                                     


Stephen Nicholas Holmes, Pro Se.                                          

Kevin S. Plaisance, Esq., and Kristine K. Nogosek, Esq., Ramsey County Attorney’s 
Office, counsel for Defendants.                                           


    United States Magistrate Judge Dulce J. Foster issued a Report and   
Recommendation (“R&R”) on November 27, 2023. (Doc. No. 44.) 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). Upon review of 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 herein, IT IS HEREBY ORDERED that:                            

    1.   The Report and Recommendation (Doc. No. 44) is ACCEPTED; and    
    2.   Defendants’ Motion to Dismiss (Doc. No.32) is DENIED.           
 Date: January 9, 2024                  s/ Jerry W. Blackwell            
                                       JERRY W. BLACKWELL                
                                       United States District Judge      

Reference

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