Johnson v. Sullivan
U.S. District Court, District of Minnesota
Johnson v. Sullivan
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Paul Edward Johnson,
Case No. 23-CV-2249 (KMM/LIB)
Plaintiff,
v. ORDER
Ryan Sullivan,
Defendant.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated
November 29, 2023. No objections have been filed to that R&R in the time period
permitted.
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 adopted in full.
IT IS HEREBY ORDERED that:
1. Plaintiff’s official-capacity claims against Defendant Ryan Sullivan are
DISMISSED without prejudice for failure to state a claim.
2. Plaintiff’s claims against the State of Minnesota (regardless of capacity)
are DISMISSED without prejudice for lack of jurisdiction.
3. Plaintiff’s official-capacity claims against Defendant Ellison are
DISMISSED without prejudice for lack of subject matter jurisdiction;
and
4. Plaintiff’s individual-capacity claims against Defendant Ellison are
DISMISSED without prejudice as frivolous.
Date: February 2, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Paul Edward Johnson,
Case No. 23-CV-2249 (KMM/LIB)
Plaintiff,
v. ORDER
Ryan Sullivan,
Defendant.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois, dated
November 29, 2023. No objections have been filed to that R&R in the time period
permitted.
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 adopted in full.
IT IS HEREBY ORDERED that:
1. Plaintiff’s official-capacity claims against Defendant Ryan Sullivan are
DISMISSED without prejudice for failure to state a claim.
2. Plaintiff’s claims against the State of Minnesota (regardless of capacity)
are DISMISSED without prejudice for lack of jurisdiction.
3. Plaintiff’s official-capacity claims against Defendant Ellison are
DISMISSED without prejudice for lack of subject matter jurisdiction;
and
4. Plaintiff’s individual-capacity claims against Defendant Ellison are
DISMISSED without prejudice as frivolous.
Date: February 2, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Reference
- Status
- Unknown