House v. Campion et al
Filing
43
ORDER ADOPTING 40 Report and Recommendation; OVERRULING 41 Objections; GRANTING 14 Motion to Dismiss; GRANTING 25 Motion to Dismiss; GRANTING 27 Motion to Dismiss; DENYING 33 Motion for Order; DISMISSING in its entirety this action. (Written Opinion). Signed by Judge Richard H. Kyle on 06/25/09. (rhks)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________________ Burdette Theodore House, Plaintiff, v. Michael Campion, et al., Defendants. ______________________________________________________________________________ The above matter comes before the Court upon the May 22, 2009, Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes. Objections have been filed to that Report and Recommendation in the time period permitted. Based upon the undersigned's de novo review of the Report and Recommendation, Defendant's Response thereto, and upon all of the files, records, and proceedings herein, IT IS ORDERED: 1. Defendant's Objections (designated "Response") (Doc. No. 41) are OVERRULED; 2. 3. The Report and Recommendation (Doc. No. 40) is ADOPTED; Commissioner Michael Campion's Motion to Dismiss (Doc. No. 14) is GRANTED; 4. The Motion by Defendant Bruce Andershon to Dismiss Complaint (Doc. No. 25) is GRANTED; and 5. The Motion by Defendant James M. Dudgeon, Jr. to Dismiss Complaint (Doc. No. 27) is GRANTED; Civil No. 08-2917 (RHK/JJK) ORDER
6.
The Petition for Order to Show Cause (Request That Defense Motions For
Dismissal Be Denied) (Doc. No. 33) is DENIED; and 7. This action is DISMISSED IN ITS ENTIRETY on the following terms: a. Claims One, Two, Three, Four, Five, and Six are DISMISSED WITHOUT PREJUDICE; and b. Date: June 25, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Claims Seven, Eight, and Nine are DISMISSED WITH PREJUDICE.
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