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Thompson v. Buroker
United States District Court, D. Minnesota
February 8, 2019
Joseph Thompson, Plaintiff,
Dezarae L. Buroker, Natalie Booker, Stephanie Sather, Alyssa Fahlsing, Wendy K. McGowan, James Barnes, Timothy Carman, Eric Gist, Anthony Herring, Edward Kesty, Kenneth Schofield, Cory Vergason, Adam Young, Daniel Nelson, Corey Drabelis, Tanya Eiffler, Steven Janz, Nicholas Laukka, Kevin Carlson, Travis Cowell, Ryan Fahland, William Goman, Nathan Madsen, Sandi Schoenrock, Doreen Peterson, Matthew Brown, Nicole Kielty, Jeffrey Knapp, Jeffrey Laine, Bruce Lind, Jessica Olson, Pamela Sater, Troy Swartout, Jeffrey Wockenfus, Robert Rose, Lisa Wesely, Michele Caron, Jessica O'Neill, Jacob Rollings-Dehaven, Susan Johnson, Mark Kuhlman, Nathan Johnson, Thorn Torgerson, Brian Ninneman, Kevin Moser, Corinne Hoadley-Halverson, Nolan Peterson, Katherine McDowell, and Kathryn Lockie, each in their individual capacity and in their official capacity as employees of the Department of Human Service, Defendants. Joseph Thompson, Plaintiff,
Julie Rose, Debbie Thao, Kathryn Schesso, Sara Kulas, Jessica O'Neill, Terry Kneizel, Laurie Severson, Megan Miller, Paul Mayfield, Heidi Menard, Blake Carey, Dezarae Buroker, Natalie Booker, Stephanie Sather, Johnnie Eargle, Katherine McDowell, Kathryn Lockie, Kevin Moser and Jana Skye Brister Korby, and Peter D. Puffer, each in their individual capacity and in their official capacity as state, and county of Minnesota Service, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE
above matter comes before the Court upon the Reports and
Recommendations of United States Magistrate Judge Tony N.
Leung dated January 17, 2019. (Civil No. 16-943 (DWF/TNL),
Doc. No. 48; Civil No. 16-944 (DWF/TNL), Doc. No. 55.) No
objections have been filed to the Reports and Recommendations
in the time period permitted. The factual background for the
above-entitled matter is clearly and precisely set forth in
the Reports and Recommendations and is incorporated by
reference. Based upon the Reports and Recommendations of the
Magistrate Judge and upon all of the files, records, and
proceedings herein, the Court now makes and enters the
Magistrate Judge Tony N. Leung's January 17, 2019 Reports
and Recommendations (Civil No. 16-943 (DWF/TNL), Doc. No.
 and Civil No. 16-944 (DWF/TNL), Doc. No. ) are
Defendants' Motions to Dismiss (Civil No. 16-943
(DWF/TNL), Doc. Nos.  & ; Civil No. 16-944
(TNL/DWF), Doc. Nos.  & ) are GRANTED IN
PART and DENIED IN PART as follows:
a. The motions are granted to the extent that Thompson seeks
injunctive relief against any Defendant in their individual
capacity or monetary relief against any Defendant in their
official capacity and those claims are DISMISSED WITH
b. Counts 6, 7, 8, 9 and 10 of Thompson's complaint in
Civil No. 16-943 (DWF/TNL) (Doc. No. ) and Counts 6, 7, 8,
and 9 of Thompson's amended complaint in Civil No. 16-944
(Doc. No. ), insofar as they state a claim for violation
of the Minnesota Constitution, are DISMISSED WITH
c. The motions are DENIED WITHOUT PREJUDICE
as to the remaining claims; and
d. The remaining claims in the operative complaints (Civil
No. 16-943 (DWF/TNL), Doc. Nos.  & ); Civil No.
16-944, Doc. Nos.  & ) are DISMISSED
WITHOUT PREJUDICE 30 days from the date of the
District Judge's ruling on these Reports and
Recommendations for failure to comply with Rule 8. Thompson
must file an amended complaint by that day if he wishes to
continue litigating his claims.
Thompson's Motion for No Contact and Cease and Desist
(Civil No. 16-944 (DWF/TNL), Doc. No. ) is DENIED
prior consistent orders remain in full force and effect.
Failure to comply with any provision of this Order or any
other prior consistent order shall subject the non-complying
party, non-complying counsel and/or the party such counsel
represents to any and all appropriate remedies, sanctions and
the like, including without limitation: assessment of costs,
fines and attorney fees and disbursements; waiver of rights
to object; exclusion or limitation of witnesses, testimony,
exhibits, and other evidence; striking of pleadings; complete
or partial dismissal ...