Yang v. City of Richfield

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Lue Yang, Civ. No. 22-2732 (PAM/JFD)

Plaintiff,

v. ORDER

State of Minnesota, City of Minneapolis, City of Richfield, Richfield Police Department, and John Does, Police Officers for the Richfield Police Department,

Defendants.

This matter is before the Court on the Report and Recommendation (“R&R”) of Judge John F. Docherty dated November 30, 2022. (Docket No. 7.) The R&R recommends dismissal without prejudice of Plaintiff Lue Yang’s claims against Defendants State of Minnesota, City of Minneapolis, and Richfield Police Department for failure to state a claim against these entities. Yang did not file any objections to the R&R, and the time to do so is now past. D. Minn. L.R. 72.2(b)(1). This Court must review de novo any portion of an R&R to which specific objections are made, but in the absence of objections, the Court reviews the R&R only for clear error. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b); see also Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (noting that district court need only review un-objected-to R&R for clear error). The Court has reviewed the R&R and finds no error, clear or otherwise, in the Magistrate Judge’s reasoning. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 7) is ADOPTED; and

2. Defendants State of Minnesota, City of Minneapolis, and Richfield Police Department are DISMISSED without prejudice from this action.

Dated: December 21, 2022 s/Paul A. Magnuson Paul A. Magnuson United States District Court Judge