Bandy v. Southwick

Full title: JOE H. BANDY, Plaintiff, v. J. SOUTHWICK, et al., Defendants

Court: United States District Court, D. Minnesota

Date published: Mar 18, 2009

Civil 06-0173 (JRT/SRN) (D. Minn. Mar. 18, 2009)

Opinion

Civil 06-0173 (JRT/SRN).

March 18, 2009

Joe H. Bandy, #125257, Minnesota Correctional Facility — Lino Lakes, Lino Lakes, MN, appearing pro se.

Carolin Nearing, GERAGHTY O'LOUGHLIN KENNEY, PA, Alliance Bank Center, St. Paul, MN, for defendant Southwick.

ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN TUNHEIM, District Judge

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Susan Richard Nelson dated January 29, 2009, all the files and records, and no objections having been filed to said Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that:

1. Defendant Southwick's Motion for Summary Judgment [Doc. No. 145] is GRANTED;

2. the action against Defendants Kendall, Sorry and Rossolli is DISMISSED for failure to prosecute;

3. the Clerk's Office is directed to DISMISS former Defendant Ralph Flesher, as he is not a named defendant in the Third Amended Complaint;

4. and this action is DISMISSED WITH PREJUDICE.