Sayen v. Schurrer

Full title: MICHAEL S. SAYEN, Plaintiff, v. GARY R. SCHURRER, JOHN C. HOFFMAN, and…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jun 10, 2019

Case No. 18-CV-3417 (NEB/HB) (D. Minn. Jun. 10, 2019)

Opinion

Case No. 18-CV-3417 (NEB/HB)

06-10-2019

MICHAEL S. SAYEN, Plaintiff, v. GARY R. SCHURRER, JOHN C. HOFFMAN, and THADDEAUS V. JUDE, in their individual capacities, Defendants.

Nancy E. Brasel United States District Judge

ORDER ON REPORT AND RECOMMENDATION

This matter is before the Court on Plaintiff Michael S. Sayen's objection to the April 4, 2019 Report and Recommendation ("R&R") of United States Magistrate Judge Hildy Bowbeer. [ECF No. 32.] Judge Bowbeer recommends granting the Defendants' Motion to Dismiss [ECF No. 9], denying the Plaintiff's Motion to Suspend Criminal Cases [ECF No. 6], and dismissing this case with prejudice. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1). Based on that review, the Court accepts the R&R.

Based on the foregoing and on all the files, records, and proceedings herein, the Court OVERRULES the Defendant's objection [ECF No. 33] and ACCEPTS the R&R [ECF No. 32.] Accordingly, IT IS HEREBY ORDERED THAT:

1. Defendants Gary R. Schurrer, John C. Hoffman, and Thaddeaus V. Jude's Motion to Dismiss [ECF No. 9] is GRANTED;

2. Plaintiff Michael S. Sayen's Motion to Suspend Criminal Cases of Harassment Restraining Order Associated with Case Until Completion of Federal Lawsuit [ECF No. 6] is DENIED; and

3. The case is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY Dated: June 10, 2019

BY THE COURT:

s/Nancy E. Brasel

Nancy E. Brasel

United States District Judge