Amos v. Kelly
Minnesota statutes cited
Sections of the Minnesota Statutes this opinion cites.
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Howard W. Amos, Civ. No. 22-2108 (JWB/DLM) Plaintiff, ORDER ACCEPTING v. REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE Ryan Kelly, Chad Conner, Peng Moua, Dirk Spree, Ryan Miller, and Kurtis Schoonover, in their individual and official capacities, John Doe and Jane Doe, in their individual capacities, North Memorial Medical Center, in their individual and official capacity, and the City of Minneapolis, Defendants.
United States Magistrate Judge Douglas L. Micko issued Report and Recommendations on October 27, 2023 (Doc. No. 67) and on January 17, 2024 (Doc. No. 76) (collectively “the R&Rs”). No objections have been filed to the R&Rs in the time permitted. In the absence of timely objections, the R&Rs are 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 both R&Rs, no clear error is found.
Based on the R&Rs of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The October 27, 2023 Report and Recommendation (Doc. No. 67) is ACCEPTED; 2. Defendant Ryan Miller is DISMISSED WITHOUT PREJUDICE from this action due to Plaintiff Howard W. Amos’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 3. The January 17, 2024 Report and Recommendation (Doc. No. 76) is ACCEPTED; 4. All claims against Defendants John Doe, Jane Doe, and North Memorial Medical Center are DISMISSED WITHOUT PREJUDICE due to Plaintiff’s failure to prosecute under Federal Rule of Civil Procedure 41(b); 5. Defendants John Doe, Jane Doe, and North Memorial Medical Center’s Motion to Dismiss (Doc. No. 39) is DENIED AS MOOT; 6. Defendants Ryan Kelly, Chad Conner, Peng Moua, Dirk Spee, Kurtis Schoonover, and the City of Minneapolis’ Motion for Judgment on the Pleadings (Doc.
No. 46) is GRANTED; 7. Defendants Chad Conner, Peng Moua, Dirk Spee, and the City of Minneapolis are DISMISSED WITHOUT PREJUDICE from this action due to Plaintiff’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 8. Plaintiff’s claims for assault and battery under Minnesota law are DISMISSED WITH PREJUDICE per Minn. Stat. § 541.07; and 9. Plaintiff’s Motion to Stay the Motion for Judgment on the Pleadings (Doc.
No. 68) is DENIED.
Date: February 26, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Howard W. Amos, Civ. No. 22-2108 (JWB/DLM) Plaintiff, ORDER ACCEPTING v. REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE Ryan Kelly, Chad Conner, Peng Moua, Dirk Spree, Ryan Miller, and Kurtis Schoonover, in their individual and official capacities, John Doe and Jane Doe, in their individual capacities, North Memorial Medical Center, in their individual and official capacity, and the City of Minneapolis, Defendants.
United States Magistrate Judge Douglas L. Micko issued Report and Recommendations on October 27, 2023 (Doc. No. 67) and on January 17, 2024 (Doc. No. 76) (collectively “the R&Rs”). No objections have been filed to the R&Rs in the time permitted. In the absence of timely objections, the R&Rs are 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 both R&Rs, no clear error is found.
Based on the R&Rs of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The October 27, 2023 Report and Recommendation (Doc. No. 67) is ACCEPTED; 2. Defendant Ryan Miller is DISMISSED WITHOUT PREJUDICE from this action due to Plaintiff Howard W. Amos’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 3. The January 17, 2024 Report and Recommendation (Doc. No. 76) is ACCEPTED; 4. All claims against Defendants John Doe, Jane Doe, and North Memorial Medical Center are DISMISSED WITHOUT PREJUDICE due to Plaintiff’s failure to prosecute under Federal Rule of Civil Procedure 41(b); 5. Defendants John Doe, Jane Doe, and North Memorial Medical Center’s Motion to Dismiss (Doc. No. 39) is DENIED AS MOOT; 6. Defendants Ryan Kelly, Chad Conner, Peng Moua, Dirk Spee, Kurtis Schoonover, and the City of Minneapolis’ Motion for Judgment on the Pleadings (Doc.
No. 46) is GRANTED; 7. Defendants Chad Conner, Peng Moua, Dirk Spee, and the City of Minneapolis are DISMISSED WITHOUT PREJUDICE from this action due to Plaintiff’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 8. Plaintiff’s claims for assault and battery under Minnesota law are DISMISSED WITH PREJUDICE per Minn. Stat. § 541.07; and 9. Plaintiff’s Motion to Stay the Motion for Judgment on the Pleadings (Doc.
No. 68) is DENIED.
Date: February 26, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
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