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Smith v. United States

United States District Court, D. Minnesota

January 22, 2015

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

John Smith, FCI Otisville, P.O., Otisville, NY., pro se plaintiff.

Chad A. Blumenfield, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, Minneapolis, MN., for defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN R. TUNHEIM, District Judge.

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. ยง 145.682, [Docket No. 72] is GRANTED.


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