Aune v. Ludeman et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 and denying as moot 15 Motion to Compel filed by Nicholas D. Aune; denying 3 Motion for TRO, Motion for Preliminary Injunction filed by Nicholas D. Aune; denying 9 Motion to Expedite filed by Nicholas D. Aune; and denying 5 Motion to Appoint Counsel filed by Nicholas D. Aune (Written Opinion). Signed by Judge Joan N. Ericksen on June 3, 2009. (slf)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Nicholas D. Aune, Plaintiff, v. Cal Ludeman, Commissioner, Minnesota Department of Human Services; Dr. Sanne Magnan, Commissioner, Minnesota Department of Health; Scott Leitz, Assistant Commissioner, Minnesota Department of Health; and Dennis Benson, Chief Executive Officer, Minnesota Sex Offender Program, Defendants. This case is before the Court on a Report and Recommendation issued by the Honorable Susan Richard Nelson, United States Magistrate Judge, on May 12, 2009. The magistrate judge recommended that Plaintiff's Motion for an Emergency Temporary Restraining Order and a Preliminary Injunction and Motion to Appoint Counsel be denied and that Plaintiff's Motion to Expedite and Motion to Compel Defendants to Respond to Plaintiff's Motion for an Emergency Temporary Restraining Order and a Preliminary Injunction be denied as moot. Plaintiff objected to the Report and Recommendation. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation. Therefore, IT IS ORDERED THAT: 1. 2. 3. Plaintiff's Motion for an Emergency Temporary Restraining Order and a Preliminary Injunction [Docket No. 3] is DENIED. Plaintiff's Motion to Appoint Counsel [Docket No. 5] is DENIED. Plaintiff's Motion to Expedite [Docket No. 9] is DENIED AS MOOT. Civil No. 09-15 (JNE/SRN) ORDER 1 4. Plaintiff's Motion to Compel Defendants to Respond to Plaintiff's Motion for an Emergency Temporary Restraining Order and a Preliminary Injunction [Docket No. 15] is DENIED AS MOOT. s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge Dated: June 3, 2009 2

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