United States District Court, D. Minnesota
Robert Forest Nelson Jr., pro se.
Jason M. Hill, JOHNSON & LINDBERG, P.A., for defendants.
PATRICK J. SCHILTZ, District Judge.
Plaintiff Robert Nelson Jr. brings numerous claims arising out of his detention in the Itasca County Jail. This matter is before the Court on defendants' objection to the May 5, 2014 Report and Recommendation ("R&R") of Magistrate Judge Leo I. Brisbois. Judge Brisbois recommends denying defendants' motion for summary judgment and sanctions without prejudice because it appears that Nelson may not have received defendants' motion and supporting materials. Defendants object, seeking a ruling on the merits of their motion.
The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court overrules the objection and adopts the R&R. The Court has considerable sympathy for defendants' arguments, but, like Judge Brisbois, the Court is bound by the Eighth Circuit's recent decision in Irish v. United States Department of Justice, No. 13-1740, 2014 WL 1716698 (8th Cir. May 2, 2014) (per curiam). Defendants do not even cite Irish in their objection to the R&R, much less suggest a way of distinguishing it. The Court finds that, under Irish, it is constrained to deny defendants' motion without prejudice.
Based on the foregoing, and on all of the files, records, and proceedings herein, the Court ADOPTS the R&R [ECF No. 42]. Accordingly, IT IS HEREBY ORDERED THAT defendants' motion for summary judgment and ...