Opinion
Civil 09-0552 (JRT/SRN).
February 19, 2010
Joseph Michael Franco, Rosemount, MN, pro se plaintiff.
Jason Hively, Jon Iverson, and Stephanie Angolkar, IVERSON REUVERS, Bloomington, MN, for Defendants John Grant, Andy Speakman, Adam Macdonald, Other Unknown Agents of Dakota County Drug Task Force, Don Gudmenson, Dakota County Drug Task Force, Dakota County Sheriff Department, Andy Bohlen, Steve Klehr, Lakeville Police Department, City Of Lakeville, Dakota County Attorney's Office, and County Of Dakota.
Christopher Johnson, Karolina Konczyk, and Erin Turner, JOHNSON, TURNER, Forest Lake, MN, for Defendant BioTec Emergency Services.
ORDER ADOPTING REPORT AND RECOMMENDATION
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Susan Richard Nelson dated January 29, 2010, all the files and records, and no objections having been filed to said Report and Recommendation.
Accordingly, IT IS HEREBY ORDERED that:
1. The Task Force Defendants' Motion to Dismiss [Docket No. 13] is GRANTED in part as to Plaintiff's federal claims (Counts 1-6), and DENIED in part as to Plaintiff's state law claims (Counts 7-13).
2. Defendant BioTec's Motion to Dismiss [Docket No. 17] is GRANTED in part as to Plaintiff's federal claims (Counts 1-6), and DENIED in part as to Plaintiff's state law claims (Counts 7-13).
3. Counts 7-13 of the Complaint are DISMISSED WITHOUT PREJUDICE.