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16-867 - Schlegel v. Sherburne County Sheriff et al


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16-867 - Schlegel v. Sherburne County Sheriff et al
July 25, 2016
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REPORT AND RECOMMENDATION. 1. The U.S. Marshals Services motion to substitute the United States in its place (Doc. No. 9) be GRANTED. 2. The Marshals Services motion for an extension of time for the United States to respond to the complaint (Doc. No. 13) be GRANTED. If the District Court agrees, the United States should be given twenty-one days from the Courts ruling on this Report and Recommendation or the filing of Plaintiffs amended complaint, whichever is later, to respond. 3. Plaintiff Michael Schlegels motions to remand this case back to state court and to deny the Marshal Services request for an extension of time (Doc. Nos. 19, 26) be DENIED. 4. If the District Court agrees that remand is not warranted, that Schlegels request for leave to amend his complaint be GRANTED and that he be given fourteen days from the date of the District Courts order to file an amended complaint. Signed by Magistrate Judge Becky R. Thorson on 7/25/2016. cc: Michael Schlegel.(KNK)
September 19, 2016
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f Time (Doc. No. 13) is GRANTED. The United States shall have twenty-one days from the date of this Order or the filing of an amended complaint, whichever is later, to respond. 4. Plaintiff Michael Schlegel's Motion to Remand Back to the StateORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Michael Schlegel's Objection (Doc. No. 30) to Magistrate Judge Becky R. Thorson's July 25, 2016 Report and Recommendation is OVERRULED. 2. Magistrate Judge Becky R. Thorson's July 25, 2016 Report and Recommendation (Doc. No. 29) is ADOPTED. 3. Defendant United States Marshal's Motion to Substitute the United States of America for Defendant United States Marshal and to Dismiss Defendant United States Marshal with Prejudice (Doc. No. 9) is GRANTED. The United States is substituted for Defendant United States Marshal, and Defendant United States Marshal is DISMISSED WITH PREJUDICE from this lawsuit. 4. Defendant United States Marshal's Motion for Extension o District Court (Doc. No. 19) is DENIED. 5. Plaintiff Michael Schlegel's Motion to Deny the Defendant United States Marshal the Extension and Renewed Motion to Remand to Sherburne County (Doc. No. 26) is DENIED. 5. Plaintiff Michael Schlegel's request for leave to amend his complaint is GRANTED. Plaintiff shall have fourteen days from the date of this Order to file an amended complaint. (Written Opinion). Signed by Judge Donovan W. Frank on 9/19/2016. (BJS) (cc: Schlegel) Modified on 9/20/2016 (AKL).
November 29, 2016
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REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED THAT this action be DISMISSED pursuant to 28 U.S.C. ยง 1915A as follows: 1. Plaintiff Michael Schlegels claim for federal due-process violations be DISMISSED WITH PREJUDICE.2. The remaining state-law claims be DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Becky R. Thorson on 11/29/2016. cc: Michael Schlegel.(KNK)
January 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Michael Schlegel's pro se objections (Doc. No. 39) to Magistrate Judge Becky R. Thorson's November 29, 2016 Report and Recommendation areOVERRULED. 2. Magistrate Judge Becky R. Thorson's November 29, 2016 Report andRecommendation (Doc. No. 38) is ADOPTED. 3. Plaintiff Michael Schlegel's Claim for federal due-process violations isDISMISSED WITH PREJUDICE. 4. The remaining state-law claims are DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/13/2017. (BJS) (cc: Schlegel) Modified on 1/18/2017 (AKL).