Opinion
21-cv-00412 (ECT/JFD)
04-18-2022
Philip Lyle Martin, Plaintiff, v. Joshua Larson, MD; Jennifer Witt, MD; Benjamin Rice, MD; Ashley Peterson, FNP- BC; L. Lind, RN; Lori Pykkonen, RN; and B. Bahneman, RN, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud, Judge.
Magistrate Judge Judge John F. Docherty issued a Report and Recommendation on March 24, 2022. ECF No. 70. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 70] is ACCEPTED.
2. Defendants B. Bahneman, L. Lind, Ashley Peterson, and Benjamin Rice's Motion to Dismiss and for Summary Judgment [ECF No. 28] is DENIED AS MOOT.
3. Defendant Joshua Larson's Motion for Judgment on the Pleadings and for Dismissal Pursuant to Minn. Stat. § 145.682 [ECF No. 40] is GRANTED, and all claims against him are DISMISSED WITH PREJUDICE.
4. Plaintiff Philip Lyle Martin's Motion to Dismiss Without Prejudice [ECF No. 54] is construed as:
a. a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) against Defendant Lori Pykkonen, and Plaintiff's Motion is GRANTED to that extent; and
b. along with Defendants B. Bahneman, L. Lind, Ashley Peterson, and Benjamin Rice's Response [ECF No. 56], a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) with those Defendants, and Plaintiff's Motion is GRANTED to that extent.
c. All claims against Defendants B. Bahneman, L. Lind, Ashley Peterson, Benjamin Rice, and Lori Pykkonen are DISMISSED WITHOUT PREJUDICE.
5. Defendant Jennifer Witt's Motion for Judgment on the Pleadings and for Dismissal Pursuant to Minn. Stat. § 145.682 [ECF No. 61] is GRANTED, and all claims against her are DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.