Armstrong-Morrow v. Corr. Office Cole

Full title: MYCHAEL ANTHONY ARMSTRONG-MORROW, Plaintiff, v. CORRECTIONAL OFFICE COLE…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jan 11, 2021

Civil No. 20-147 (JRT/KMM) (D. Minn. Jan. 11, 2021)

Opinion

Civil No. 20-147 (JRT/KMM)

01-11-2021

MYCHAEL ANTHONY ARMSTRONG-MORROW, Plaintiff, v. CORRECTIONAL OFFICE COLE (MCF-ST CLOUD), et al, Defendants.

Mychael Anthony Armstrong-Morrow, OID #244519, MCF-Faribault, 1101 Linden Lane, Faribault, MN 55021, pro se plaintiff. Leah M Tabbert, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1100, Saint Paul, MN 55101, for defendant.

JOHN R. TUNHEIM Chief Judge United States District Court

ORDER ON REPORT AND RECOMMENDATION

Mychael Anthony Armstrong-Morrow, OID #244519, MCF-Faribault, 1101 Linden Lane, Faribault, MN 55021, pro se plaintiff. Leah M Tabbert, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1100, Saint Paul, MN 55101, for defendant.

United States Magistrate Judge Katherine Menendez filed a Report and Recommendation on October 26, 2020. (ECF No. 29) No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order.

IT IS HEREBY ORDERED that

1. Officer Cole's motion to dismiss (ECF No. 14) is GRANTED;

2. The official-capacity damages claims against Officer Cole are DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction; and

3. The individual-capacity claims against Officer Cole are DISMISSED, but plaintiff may file a motion to amend the complaint within 30 days of this Order.

Dated: January 11, 2021
at Minneapolis, Minnesota

s/John R. Tunheim

JOHN R. TUNHEIM

Chief Judge

United States District Court