Mullins v. Morgan

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Gary Mullins, Jr., Civ. No. 23-1855 (JWB/DTS)

Plaintiff,

v. ORDER Dr. Morgan, Chief Medical Doctor; ACCEPTING REPORT AND United States of America; Karin RECOMMENDATION OF Kay Parsons, P.A.; and Rachel MAGISTRATE JUDGE Wolfe, R.N.,

Defendants.

Gary Mullins, Jr., pro se Plaintiff.

Trevor Brown, Esq., DOJ-USAO, counsel for Defendants.

United States Magistrate Judge David T. Schultz issued a Report and Recommendation (“R&R”) on December 30, 2024. (Doc. No. 83.) No objection has been filed to that R&R in the time permitted. Absent a timely objection, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, no clear error is found. Based on the R&R of the Magistrate Judge, and on all the files, records, and proceedings in the case, IT IS HEREBY ORDERED that: 1. The December 30, 2024 Report and Recommendation (Doc. No. 83) is ACCEPTED; 2. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe’s Motion to Dismiss (Doc. No. 53) is GRANTED; 3. Plaintiff’s Motion to Dismiss Dr. Morgan from Count II (Doc. Nos. 76, 80)

is GRANTED; 4. Count II as asserted against Defendants Karin Parsons and Rachel Wolfe is DISMISSED WITHOUT PREJUDICE; 5. Count II as asserted against Defendant Dr. Morgan is DISMISSED WITH PREJUDICE; and 6. Defendants Dr. Morgan, Karin Parsons, and Rachel Wolfe are dismissed

from the case.

Date: January 27, 2025 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge