Opinion
23-CV-2249 (KMM/LIB)
02-02-2024
Paul Edward Johnson, Plaintiff, v. Ryan Sullivan, Defendant.
ORDER
Katherine M. Menendez, United States District Judge.
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.