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Ruach v. Berts

United States District Court, Eighth Circuit

August 27, 2013

Pouch Ruach, Plaintiff,
v.
Ashlee Berts, Bruce Julson, Michelle Smith, Jenny Carufel, Greg Lindell, Behrends Scott. A, Margaret Thron, Michael Warner, Shannan Smith, Hadrava Scott A., Oseland Craig, John King, Steve Hammer, Paula Thielen, and Brianna Arnzen, Defendants.

ORDER

PAUL A. MAGNUSON, District Judge.

This matter is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Janie S. Mayeron, dated August 5, 2013, which recommended that this Court deny Plaintiff's Motions for the Defense of Qualified Immunity and for Partial Summary Judgment and grant Defendants' Cross Motion for Summary Judgment. Plaintiff has not objected to the R&R within the time permitted. The Court therefore ADOPTS the R&R (Docket No. 144).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's Motion for the Defense of Qualified Immunity (Docket No. 44) is DENIED;
2. Plaintiff's Motion for Partial Summary Judgment (Docket No. 52) is DENIED;
3. Defendants' Cross Motion for Summary Judgment (Docket No. 78) is GRANTED; and
4. Plaintiff's federal claims are DISMISSED with prejudice and his state law tort claim is DISMISSED without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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