Cherry v. Booker

Full title: CHARLES SAMUEL CHERRY, Plaintiff, v. OFFICER ADRIANA BOOKER, Defendant.

Court: United States District Court, District of Minnesota

Date published: Aug 28, 2023

CIVIL 22-2012 (JRT/DLM) (D. Minn. Aug. 28, 2023)

Opinion

CIVIL 22-2012 (JRT/DLM)

08-28-2023

CHARLES SAMUEL CHERRY, Plaintiff, v. OFFICER ADRIANA BOOKER, Defendant.

Charles Samuel Cherry, Rush City pro se plaintiff. Corinne Wright, MINNESOTA ATTORNEY GENERAL'S OFFICE, for defendant.

JOHN R. TUNHEIM UNITED STATES DISTRICT JUDGE

Charles Samuel Cherry, Rush City pro se plaintiff.

Corinne Wright, MINNESOTA ATTORNEY GENERAL'S OFFICE, for defendant.

ORDER ON REPORT AND RECOMMENDATION

JOHN R. TUNHEIM UNITED STATES DISTRICT JUDGE

United States Magistrate Judge Douglas L. Micko filed a Report and Recommendation on July 25, 2023. (ECF No. 45.) 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, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

1. The Report and Recommendation (ECF No. 45) is ADOPTED;

2. Defendant Adriana Booker's Motion to Dismiss Plaintiff Charles Samuel Cherry's official-capacity claims against her (ECF No. 20) is GRANTED for lack of subject-matter jurisdiction; and

3. Officer Booker's Motion to Dismiss Mr. Cherry's individual-capacity claims against her (ECF No. 35) is DENIED.