Summary
addressing civil committee's claim that defendants violated First Amendment by confiscating memo distributed to other patients attempting to garner participation in lawsuit
Summary of this case from Wiley v. LarryOpinion
Case No. 20-CV-501 (NEB/LIB)
12-18-2020
ERIC MICHAEL SORENSON, Plaintiff, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
The Court has received the November 13, 2020, Report and Recommendation of United States Magistrate Judge Leo I. Brisbois. (ECF No. 74.) No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (ECF No. 74) is ACCEPTED;
2. Defendants' Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 47) is GRANTED;
3. Plaintiff's Motion for Partial Summary Judgment as to Count I of Amended Complaint and Notice (ECF No. 55) is DENIED AS MOOT; and
4. Plaintiff's Amended Verified Complaint (ECF No. 31-2) is DISMISSED WITHOUT PREJUDICE.LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: December 18, 2020
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge