Gherity v. Swenson

Full title: David J. Gherity v. Lori Swenson et al

Court: United States District Court, D. Minnesota

Date published: Mar 25, 2008

04-CV-102 (JMR/JSM) (D. Minn. Mar. 25, 2008)

Opinion

04-CV-102 (JMR/JSM).

March 25, 2008

ORDER

JAMES ROSENBAUM, Chief Judge

Plaintiff, pro se, objects to the Report and Recommendation, issued February 20, 2008 [Docket No. 67], by the Honorable Janie S. Mayeron, United States Magistrate Judge. The Report recommended the remand by the Eighth Circuit Court of Appeals be deemed moot; that respondents' motion to dismiss be denied; that petitioner's motion to renew his February 23, 2004, motions be denied in part and granted in part; and that petitioner's motion to strike respondents' motion to dismiss be denied. Plaintiff's objections were timely filed pursuant to Local Rule 72.2.

Based upon a de novo review of the record herein, the Court adopts the Magistrate's Report and Recommendation.

Accordingly, IT IS ORDERED that:

1. The stay and abeyance issue which the Eighth Circuit Court of Appeals directed the Court to consider in its remand is deemed moot [Docket No. 28].

2. Respondents' motion to dismiss is denied [Docket No. 32].

3. Petitioner's motion to renew his February 23, 2004, motions is denied in part and granted in part [Docket No. 38].

4. Petitioner's motion to strike respondents' motion to dismiss is denied [Docket No. 49].