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Fleming v. Medicare Freedom of Information Group

United States District Court, D. Minnesota

May 5, 2015

Rhonda Fleming, Plaintiff,
v.
Medicare Freedom of Information Group; Hugh Gilmore; Vendetta Dutton; Mary Jane Collard; Department of Justice; Susan Gerson; Albert A. Balboni; and Other Unknown DOJ Officials, all in their individual and official capacities, Defendants.

ORDER

DAVID S. DOTY, District Judge.

This matter is before the court upon the report and recommendation of Magistrate Judge Hildy Bowbeer dated April 15, 2015. The magistrate judge recommended that the court dismiss plaintiff Rhonda Fleming's claims of false imprisonment and due process and allow Fleming's FOIA and denial of access to the courts claims to proceed. Fleming filed a response to the report and recommendation stating that she does not object and that she "respects the wisdom of the Court and accepts the report."[1] ECF No. 17. Under these circumstances, the court finds it appropriate adopt the report and recommendation.

Accordingly, IT IS HEREBY ORDERED that:

1. The magistrate judge's report and recommendation [ECF No. 15] is adopted in its entirety;

2. Plaintiff's claims of false imprisonment and violations of due process are dismissed with prejudice; and

3. Plaintiff's FOIA and denial of access to the courts claim remain.


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