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Otis v. Berge

United States District Court, D. Minnesota
Dec 23, 2010
Civil No. 10-2155 (JNE/JJK) (D. Minn. Dec. 23, 2010)

Opinion

Civil No. 10-2155 (JNE/JJK).

December 23, 2010


ORDER


This case is before the Court on a Report and Recommendation issued by the Honorable Jeffrey J. Keyes, United States Magistrate Judge, on November 15, 2010. The magistrate judge recommended granting Defendants Harold A. Berge, Rose M. Berge, and Cindy Lou Berge's motion to dismiss and Defendant Steven Corson's motion to dismiss. Plaintiff contests, in his objections and a subsequent filing of December 20, 2010, the authority of the magistrate judge to issue a report and recommendation without Plaintiff's consent. Plaintiff confuses the consent requirement for referrals to a magistrate judge to make binding adjudications under 28 U.S.C. § 636(c) (2006) with the magistrate judge's authority to make recommendations. The magistrate judge does not need Plaintiff's consent to enter a recommended disposition of dispositive motions. See Fed.R.Civ.P. 72(b)(1). The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, which included a review of the prior history of this litigation, the Court adopts the Report and Recommendation [Docket No. 46]. Therefore, IT IS ORDERED THAT:

1. Defendants' motions to dismiss [Docket Nos. 10 and 39] are GRANTED.

Dated: December 23, 2010


Summaries of

Otis v. Berge

United States District Court, D. Minnesota
Dec 23, 2010
Civil No. 10-2155 (JNE/JJK) (D. Minn. Dec. 23, 2010)
Case details for

Otis v. Berge

Case Details

Full title:William H. Otis, Plaintiff, v. Harold A. Berge, Rose M. Berge, Cindy Lou…

Court:United States District Court, D. Minnesota

Date published: Dec 23, 2010

Citations

Civil No. 10-2155 (JNE/JJK) (D. Minn. Dec. 23, 2010)