VENETUCCI v. JETT

Full title: Robert Venetucci, Plaintiff, v. Warden B.R. Jett, et al., Defendants

Court: United States District Court, D. Minnesota

Date published: Jan 28, 2011

Civil No. 10-89 ADM/AJB (D. Minn. Jan. 28, 2011)

Opinion

Civil No. 10-89 ADM/AJB.

January 28, 2011

ORDER

ANN MONTGOMERY, District Judge

Based upon the Report and Recommendation by United States Magistrate Judge Arthur J. Boylan dated January 7, 2011, with all the files and records, and no objections having been filed to said Recommendation, IT IS HEREBY ORDERED that:

1. Defendants' Motion to Dismiss is granted [Docket No. 22] and plaintiff Robert Venetucci's complaint is hereby dismissed without prejudice on mootness grounds.

2. Plaintiff Robert Venetucci's Motion for Order of Default and Request for an Emergency Order is denied as moot [Docket No. 13]. The request for an emergency order is moot on the same grounds that support dismissal of the action, i.e. the plaintiff was seeking hernia surgery and the relief has been obtained. Likewise, default would allow only relief which has already been obtained.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 28, 2011