Filed: Feb. 08, 2019
Latest Update: Feb. 08, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DONOVAN W. FRANK , District Judge . The above matter comes before the Court upon the Reports and Recommendations of United States Magistrate Judge Tony N. Leung dated January 17, 2019. (Civil No. 16-943 (DWF/TNL), Doc. No. 48; Civil No. 16-944 (DWF/TNL), Doc. No. 55.) No objections have been filed to the Reports and Recommendations in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DONOVAN W. FRANK , District Judge . The above matter comes before the Court upon the Reports and Recommendations of United States Magistrate Judge Tony N. Leung dated January 17, 2019. (Civil No. 16-943 (DWF/TNL), Doc. No. 48; Civil No. 16-944 (DWF/TNL), Doc. No. 55.) No objections have been filed to the Reports and Recommendations in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in ..
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ORDER ADOPTING REPORT AND RECOMMENDATION
DONOVAN W. FRANK, District Judge.
The above matter comes before the Court upon the Reports and Recommendations of United States Magistrate Judge Tony N. Leung dated January 17, 2019. (Civil No. 16-943 (DWF/TNL), Doc. No. 48; Civil No. 16-944 (DWF/TNL), Doc. No. 55.) No objections have been filed to the Reports and Recommendations in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in the Reports and Recommendations and is incorporated by reference. Based upon the Reports and Recommendations of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1. Magistrate Judge Tony N. Leung's January 17, 2019 Reports and Recommendations (Civil No. 16-943 (DWF/TNL), Doc. No. [48] and Civil No. 16-944 (DWF/TNL), Doc. No. [55]) are ADOPTED.
2. Defendants' Motions to Dismiss (Civil No. 16-943 (DWF/TNL), Doc. Nos. [18] & [36]; Civil No. 16-944 (TNL/DWF), Doc. Nos. [13] & [40]) are GRANTED IN PART and DENIED IN PART as follows:
a. The motions are granted to the extent that Thompson seeks injunctive relief against any Defendant in their individual capacity or monetary relief against any Defendant in their official capacity and those claims are DISMISSED WITH PREJUDICE;
b. Counts 6, 7, 8, 9 and 10 of Thompson's complaint in Civil No. 16-943 (DWF/TNL) (Doc. No. [1]) and Counts 6, 7, 8, and 9 of Thompson's amended complaint in Civil No. 16-944 (Doc. No. [9]), insofar as they state a claim for violation of the Minnesota Constitution, are DISMISSED WITH PREJUDICE;
c. The motions are DENIED WITHOUT PREJUDICE as to the remaining claims; and
d. The remaining claims in the operative complaints (Civil No. 16-943 (DWF/TNL), Doc. Nos. [1] & [9]); Civil No. 16-944, Doc. Nos. [1] & [9]) are DISMISSED WITHOUT PREJUDICE 30 days from the date of the District Judge's ruling on these Reports and Recommendations for failure to comply with Rule 8. Thompson must file an amended complaint by that day if he wishes to continue litigating his claims.
3. Thompson's Motion for No Contact and Cease and Desist (Civil No. 16-944 (DWF/TNL), Doc. No. [21]) is DENIED AS MOOT. 4. All prior consistent orders remain in full force and effect.
5. Failure to comply with any provision of this Order or any other prior consistent order shall subject the non-complying party, non-complying counsel and/or the party such counsel represents to any and all appropriate remedies, sanctions and the like, including without limitation: assessment of costs, fines and attorney fees and disbursements; waiver of rights to object; exclusion or limitation of witnesses, testimony, exhibits, and other evidence; striking of pleadings; complete or partial dismissal with prejudice; entry of whole or partial default judgment; and/or any other relief that this Court may from time to time deem appropriate.
