Opinion
21-cv-1055 (WMW/TNL)
01-04-2022
ORDER ADOPTING REPORT AND RECOMMENDATION
WILHELMINA M. WRIGHT, UNITED STATES DISTRICT JUDGE.
Before the Court is the November 1, 2021 Report and Recommendation (R&R) of then-United States Magistrate Judge Katherine M. Menendez. (Dkt. 32.) No. objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The November 1, 2021 R&R, (Dkt. 32), is ADOPTED.
2. Defendants' motion to dismiss, (Dkt. 15), is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendants' motion to dismiss is GRANTED as to Counts II-V;
b. Defendants' motion to dismiss is GRANTED as to all counts against Defendants Heath Fosteson, Cherokee DeLeon, Christine Ghinter, and Lukasz Organista; and1
c. Defendants' motion to dismiss is DENIED as to Count I against Defendants Robert Anderson, Raynor Blum, and Ronald J. Imgrund.2