Summary
granting summary judgment in favor of Defendants where there was no evidence to support the plaintiff's allegations that he was threatened and disciplined for writing a threatening kite
Summary of this case from Burke v. GlassOpinion
Civil No. 14-4744 (DWF/HB)
07-20-2016
Eric Allen Niewind, Plaintiff, v. Michelle Smith, Chris Esty, Melissa Caffes, Nanette Larson, Kenneth Eldridge, Darryl Quiram, Lon Augdahl, Terry Jorgenson, Steve Huot, Sara Hard, Diane Dau, Marina Fuhrman, Director Centurion Managed Care, and Dawn LaVasseur, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Hildy Bowbeer dated May 24, 2016. (Doc. No. 75.) No objections have been filed to that Report and Recommendation in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference. Based upon the Report and Recommendation of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1. Magistrate Judge Hildy Bowbeer's May 24, 2016 Report and Recommendation (Doc. No. [75]) is ADOPTED.
2. Defendants Michelle Smith, Chris Esty, Melissa Caffes, Nanette Larson, Terry Jorgenson, Steve Huot, Sara Hard, Diane Dau, Dawn LaVasseur, and Marina Fuhrman's Motion for Summary Judgment (Doc. No. [53]) is GRANTED IN PART and DENIED AS MOOT IN PART, in that:
a. Plaintiff's federal law claims are DISMISSED WITH PREJUDICE;
b. Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE; and
c. Plaintiff's request for injunctive relief is DENIED AS MOOT.
3. Defendants Centurion of Minnesota, Darryl Quiram, Lon Augdahl, and Kenneth Eldridge's Motion for Summary Judgment (Doc. No. [66]) is GRANTED, in that:
a. Plaintiff's federal law claims are DISMISSED WITH PREJUDICE; and
b. Plaintiff's state-law claims are DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 20, 2016
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge