Smith v. United States

Full title: JOHN SMITH, Plaintiff, v. UNITED STATES OF AMERICA, et al, Defendants.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jan 21, 2015

Civil No. 13-3277 (JRT/LIB) (D. Minn. Jan. 21, 2015)

Opinion

Civil No. 13-3277 (JRT/LIB)

01-21-2015

JOHN SMITH, Plaintiff, v. UNITED STATES OF AMERICA, et al, Defendants.

John Smith, 14029-059, FCI Otisville, P.O. Box 444, 2 Mile Drive, Otisville, NY 10963, pro se plaintiff, Chad A. Blumenfield, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendants.

JOHN R. TUNHEIM United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

John Smith, 14029-059, FCI Otisville, P.O. Box 444, 2 Mile Drive, Otisville, NY 10963, pro se plaintiff, Chad A. Blumenfield, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendants.

Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED:

1. The Federal Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment, [Docket No. 60], is GRANTED.

2. Defendant Thomas Mayer's Motion for Summary Judgment and/or Statutory Dismissal Pursuant to Minn. Stat. § 145.682, [Docket No. 72] is GRANTED.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 21, 2015
at Minneapolis, Minnesota

s/John R. Tunheim

JOHN R. TUNHEIM

United States District Judge