Opinion
Civil No. 18-1807 (JRT/KMM)
09-07-2018
DEBRA D. KORB, Plaintiff, v. ESTATE OF DAVID N. CONSIGILO, SR., et al, Defendants.
Debra D. Korb, 7749 Abbott Avenue North, Brooklyn Park, MN 55443, pro se plaintiff. Philip G. Villaume, VILLAUME & SCHIEK, P.A., 2051 Killebrew Drive, Suite 611, Bloomington, MN 55425, for defendant Phillip G. Villaume.
ORDER ON REPORT AND RECOMMENDATION
Debra D. Korb, 7749 Abbott Avenue North, Brooklyn Park, MN 55443, pro se plaintiff. Philip G. Villaume, VILLAUME & SCHIEK, P.A., 2051 Killebrew Drive, Suite 611, Bloomington, MN 55425, for defendant Phillip G. Villaume.
A Report and Recommendation was filed by Magistrate Judge Katherine Menendez on August 20, 2018. 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, IT IS HEREBY ORDERED that:
1. This action is DISMISSED as follows:
a. Defendants Judge Steven Montgomery and the Miami County District Court are DISMISSED WITH PREJUDICE as immune from suit.
b. The claims brought by plaintiff Debra D. Korb under federal law are
DISMISSED WITH PREJUDICE.
c. The claims brought by Ms. Korb under state law are DISMISSED WITHOUT PREJUDICE.
2. Ms. Korb's application to proceed in forma pauperis [Docket No. 2] is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: September 7, 2018
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court